Worst Forms of Child Labour Convention, 1999 (No. 182) - Iran (Islamic Republic of) (Ratification: 2002)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 3(d) and 5 of the Convention. Hazardous work and labour inspection. Children working in the informal sector and self-employed children. Following its previous comments, the Committee notes the Government’s information, in its report, that, in 2021, the Labour Inspection Directorate carried out 19,126 child labour-specific inspections, which resulted in the identification of 143 children involved in child labour (137 boys and 6 girls). The Government also indicates that 136 offending employers were referred to the judicial authorities, 80 employers were penalized pursuant to section 176 of the Labour Code (which provides for penalties for, inter alia, engaging young persons in hazardous work), and 23 work permits of offending employers were cancelled. The Committee requests the Government to continue providing information on the number and nature of violations detected with regard to young persons under 18 years of age, in particular with regard to children engaged in hazardous work, and the penalties imposed after the cases were referred to the judicial authorities. To the extent possible, this information should be disaggregated by age, gender, and sector of activity.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s information that, in response to the knowledge received on the number of children who dropped out of school (in 2017, 134,000 children aged 9 to 11 dropped out of school; in 2018, 96,000 children aged 6 to 11 dropped out of primary school), it launched the MASHGH website for these children to identify themselves and developed social protection plans to address the educational barriers. Support given to these children include conditional financial support to the families, counselling services, food support and school enrolment assistance. The Committee further notes, from the UNICEF website, that while the primary school net enrolment rate is 95 per cent, girls, children with special needs and children living in border and disadvantaged areas require extra help to access and remain in primary school. To that end, UNICEF is working with the Government and other partners to equip the Ministry of Education with technical expertise to improve access to formal education for all children in Iran, and support the Ministry to enhance quality of education in boarding schools in disadvantaged provinces. The Committee encourages the Government to pursue its efforts to facilitate access to free basic education to all children and ensure that children remain in school. It requests the Government to continue providing information on the measures taken in this regard, and on the results achieved, particularly with regard to increasing the enrolment rates of children at the primary and lower secondary levels and reducing school drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. Children in street situations. Following its previous comments, the Committee notes the Government’s indication that the issue of children working and living in the streets is seen as one of the five main priorities at the national level, and that it is caused by inappropriate economic, social and cultural conditions, including poverty, unemployment, migration from villages and small towns, natural and man-made disasters, the emergence of informal settlements, and the incoming of unauthorized foreign nationals. The Government further indicates that the results of investigations and identification of children in street situations reveal that 85 per cent of them are illegal foreigners. In this regard, the Committee notes the Government’s indication that policies and special programmes for the identification and social support of children working and living in the streets in the country continue to be implemented, in particular by the State Welfare Organization. This organization covers children working and living in the streets, including foreign nationals, and has placed children in day care centres which provide specialized services. The services provided by the Welfare Organization include educational services, counselling, literacy training and subsistence allowances, or contributions in kind (food, support packages) for children who do not have a legal residence permit. The Committee also notes that the Welfare Organization has developed an Action Plan on social protection for street children, the implementation of which began in 2021. Finally, the Committee also notes the Government’s information that the Law on Protection of Children and Adolescents, 2020, provides that children who are exposed to offences or at risk of physical injury, mental, social or moral damage, or damage to their security or education, are considered to be in a dangerous situation that triggers intervention and legal protection (Articles 3(t)and 5). The Committee requests the Government to pursue its efforts to protect children in street situations from the worst forms of child labour and to provide for their rehabilitation and social integration. In this regard, it requests the Government to provide information on the number children in the streets who have been withdrawn and rehabilitated through the Government’s various initiatives, including the action of the State Welfare Organization, the measures implemented in the framework of the Action Plan on social protection for street children, and the implementation of the intervention and protection measures provided for in the Law on Protection of Children and Adolescents, 2020.

Application of the Convention in practice.The Committee requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, disaggregated by age and gender, and on the number of children covered by the measures giving effect to the Convention.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children and penalties. Following its previous comments, the Committee notes that the Law on Protection of Children and Adolescents was enacted in 2020 and aims to prevent violence against children and related crimes. Sections 11 to 13 of the Law prohibit the sale and trafficking of children for sexual and labour exploitation and provide for severe penalties against the perpetrators (third degree imprisonment). The Committee requests the Government to take the necessary measures to ensure the effective application of the country’s anti-trafficking legislation, including the new Law on Protection of Children and Adolescents, as regards the sale and trafficking of children. In this regard, it requests the Government to provide information, in its next report, on the number of persons responsible for the trafficking of children who have been subjected to thorough investigations and prosecutions, as well as the number and nature of penalties imposed in practice.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that over 70 per cent of Afghan opiates are trafficked via the Islamic Republic of Iran and Pakistan every year and that children, particularly those living in border areas, were employed by criminal groups and individuals for cross-border trafficking of drugs.

The Committee notes with regret the lack of information, in the Government’s report, regarding the prosecution and conviction of perpetrators of the use, procuring or offering of a child for illicit activities. It notes, according to the Independent in-depth evaluation of the United Nations Office on Drugs and Crime (UNODC) Country Partnership Programme in the Islamic Republic of Iran, that one of the achievements of the programme is the new training curriculum and breeding programme of the Anti-Narcotic Police K9, as well as the support given to the Customs K9 unit by UNODC. According to the evaluation, however, the implementation of the Programme met with many challenges and its effectiveness was very limited. The Committee requests the Government to strengthen its measures to ensure that children are prevented and protected from being used for the purposes of trafficking of drugs, and to provide information on the results achieved. It also once again requests the Government to take the necessary measures to ensure that thorough investigations and prosecutions are carried out against persons who use, procure or offer children under the age of 18 years for trafficking of drugs. The Committee further requests the Government to provide information on the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed in this regard.

Article 8. International cooperation and assistance. Regional cooperation concerning the sale and trafficking of children. The Committee notes that the Government has partnered with UNODC and International Organization for Migration (IOM) in 2020 to launch the European Union-funded Global Action against Trafficking in Persons and Smuggling of Migrants (GLO.ACT – Asia and the Middle East) in the country. The GLO.ACT is a four-year (2018-2022) joint initiative being implemented in four countries: Afghanistan, Iraq, Pakistan, and Iran. Through targeted, innovative and demand-driven interventions, the project will support the selected countries in developing and implementing comprehensive national counter-human trafficking and counter-smuggling responses. By the end of the project, Governments and civil society partners in the target countries should have the skills, capacity, and mechanisms in place to identify and screen victims of trafficking and smuggled migrants, and to refer them to the relevant service providers for protection and assistance, in line with international standards. The project will also ensure that trained protection actors have access to and understanding of global standards and resources on assistance to vulnerable migrants. The Committee requests the Government to continue its efforts to enhance international cooperation to combat the sale and trafficking of children for labour and sexual exploitation and to protect and assist the victims of these worst forms of child labour. In this regard, it requests the Government to provide information on the results obtained from the implementation of the GLO.ACT to prevent the trafficking of migrant children.

The Committee is also raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children and penalties. In its previous comments, the Committee noted from the Government’s Report of 2013 on the Convention on the Rights of the Child (Government’s Report to the CRC) that children, especially those living in border regions and children from poor families, were often trafficked across the border or sold for smuggling goods or forced labour. It also noted the Government’s information that a Committee on Combating Human Trafficking was established comprising representatives from the concerned ministries and executive departments including the Prosecutor-General’s Office, the police, the Passport and Border Control Police and the Office for Interpol National Bureau.

The Committee notes from the Government’s report that the Bill on the protection of children and adolescents which establishes a wider definition of child exploitation and calls for severe punishments for perpetrators of offences against children, including trafficking of children, is currently being discussed by the Parliament. The Committee also notes the information provided by the Government, in its report under the Forced Labour Convention, 1930 (No. 29), on the measures taken to combat trafficking of persons. This includes identification of border gaps and allocation of the required budget to cover these gaps and closure and control of borders with priority on south-east and north-west regions, as well as the intensification of control measures at the borders and making transit routes insecure for human trafficking networks and gangs. The Committee further notes the Government’s statement that as per the inquiries made from the eastern and southern provinces, no cases regarding trafficking of children have been reported. The Committee notes, however, that the CRC, in its concluding observations of 14 March 2016, expressed concern about the ongoing issue of trafficking and sale of persons under the age of 18 years, particularly young girls from rural areas, facilitated by temporary marriages or sigheh as well as trafficking of girls from Afghanistan to the Islamic Republic of Iran, sold or sent by their families (CRC/C/IRN/CO/3-4, paragraph 89). The Committee urges the Government to intensify its efforts, including by strengthening the capacities of the law enforcement bodies, to combat the sale and trafficking of children, particularly girls from rural areas. In this regard, it requests the Government to take all the necessary measures to ensure that persons responsible for the trafficking of children are subject to thorough investigations and prosecutions and that sufficient and effective penalties are imposed in practice. It also requests the Government to provide information on the activities of the Committee on Combating Human Trafficking on preventing and combating the trafficking of children. Finally, the Committee requests the Government to provide information on any progress made with regard to the adoption of the Bill on the protection of children and adolescents.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted from the United Nations Office on Drugs and Crime (UNODC) report on the Country Programme 2011–14 (UNODC report) that the Government had facilitated the implementation of a subregional partnership entitled Triangular Initiative on counter-narcotics enforcement with Afghanistan and Pakistan. Support was provided for the establishment of border liaison offices, information–intelligence exchange and cross-border communication systems. However, the Committee noted from the UNODC report that over 70 per cent of Afghan opiates are trafficked via the Islamic Republic of Iran and Pakistan every year. It also noted the information from the Government’s Report to the CRC that children, particularly those living in border areas, were employed by criminal groups and individuals for cross-border trafficking of drugs. The Committee requested the Government to strengthen its efforts to ensure that thorough investigations and prosecutions are carried out against persons who use, procure or offer children under the age of 18 years for trafficking of drugs.

The Committee notes that the Government’s report does not contain any information in this regard. However, it notes from a report of the UNODC entitled United Nations in Iran that the UNODC Iran new Country Partnership Programme of 2015–19 covers five major areas, which includes subprogrammes on border management and illicit trafficking as well as alternative livelihoods. The former aims to strengthen the efforts to address the challenges of illicit trafficking of drugs from/to Afghanistan and enhance regional and international cooperation initiatives. The latter aims to support activities at the border provinces which include creating jobs for local communities and supporting the establishment of free business buffer zones and microeconomic projects. The Committee requests the Government to provide information on the results achieved, in terms of the number of children prevented and protected from being used for the purposes of trafficking of drugs, within the framework of the UNODC Country Partnership Programmes. It also requests the Government to take the necessary measures to ensure that thorough investigations and prosecutions are carried out against persons who use, procure or offer children under the age of 18 years for trafficking of drugs. The Committee further requests the Government to provide information on the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed in this regard.

Clause (d) and Article 5. Hazardous work and labour inspection. Children working in the informal sector and self-employed children. In its previous comments, the Committee noted the Government’s statement that all enterprises, including small-scale enterprises with fewer than ten workers, were obliged to observe labour laws and that labour inspectorates of the Ministry of Cooperatives, Labour and Social Welfare conducted inspections of all enterprises throughout the country regardless of the number of workers employed and whether or not they are formal or informal.

The Committee notes the Government’s information that from 2013 to 2017, the number of inspections conducted on child labour has increased by 14 per cent and the number of violations identified has decreased by 38 per cent. Accordingly, the Committee notes that in 2017, 29,323 child labour-specific inspections were carried out, which resulted in the identification of 330 children involved in child labour. The Committee further notes the Government’s statement that non complying employers are often referred to the judicial authorities. The Government states that as a result of the serious actions taken by the labour inspectors during inspections as well as the guidance and awareness on relevant laws and penalties provided to employers, the number of such cases referred to the judicial authorities after 2014 was only three. The Committee notes, however, that the CRC, in its concluding observations of 14 March 2016, expressed its concern at the large number of children employed in hazardous conditions, such as garbage collection, brick kilns and industrial workshops, without protective clothing and for very low pay (CRC/C/IRN/CO/3-4, paragraph 85). The Committee requests the Government to continue to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate, to improve the ability of labour inspectors to detect children engaged in hazardous work in the formal and informal economy, particularly in garbage collection, brick kilns and industrial workshops. It also requests the Government to continue providing information on the number and nature of violations detected with regard to young persons under 18 years of age and the penalties imposed as well as the number of cases referred to the judicial authorities.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s statement that based on an investigation conducted, the number of students aged 14–17 years who have dropped out of school is 344,013 persons as against the 1.5 million students noted by the Committee in its previous comments. The Government states that increasing education coverage and providing access to public education for all are among the master policies under the education system. In this regard, the Committee notes the Government’s indication that the Ministry of Education (MoE) maintains a database on children enrolled in schools. Moreover, within its ongoing plan entitled “Absorption of children dropped out of school”, school officials are required to check in on the students who have dropped out of school, investigate the reasons for their dropping out and facilitate their return to school. Accordingly, from 2013 to 2018, a total of 286,562 children who had dropped out of school from various education levels, have been absorbed by education centres. The Committee also notes the Government’s information that the MoE has designed mechanisms and targets within the Fundamental Development Plan to expand and institutionalize education. This Plan is being implemented through the “Programme on Obstruction of Illiteracy Origins” with a focus on protecting children, particularly children exposed to harmful situations and girls who have dropped out of school. Some of the initiatives undertaken within this Plan include: (i) covering 666,178 students in multigrade classrooms during the 2017–18 school year; (ii) conducting 10,404 training classes for rural parents; (iii) identifying and absorbing 7,662 rural and tribal students who have dropped out of school; (iv) development of pre-primary education in disadvantaged and rural areas; and (v) providing meals, stationery, clothing and other requirements for retaining students at school. The Committee further notes the Government’s indication that following the implementation of this Plan, during the 2017–18 school year, the enrolment rate of students in the first grade reached 97.19 per cent and at the primary level reached 98.13 per cent (girls 98.14 per cent, boys 98.12 per cent). The Committee encourages the Government to pursue its efforts to facilitate access to free basic education to all children, particularly girls and children in rural areas. It requests the Government to continue providing information on the measures taken in this regard, and on the results achieved, particularly with regard to increasing the enrolment rates of girls and children in rural areas at the secondary level.

Clause (d). Identifying and reaching out to children at special risk. Street children. Following its previous comments, the Committee notes the detailed information provided by the Government on the various measures taken by the Government to protect street children, including the initiatives taken by the National Authority in charge of children’s rights; the State Welfare Organization; and the Tehran municipality. The Committee notes, however, that the CRC, in its concluding observations of March 2016, expressed concern that some children continue to live on the streets and are subjected to various forms of economic and sexual exploitation (CRC/C/IRN/CO/3-4, paragraph 85). The Committee requests the Government to pursue its efforts to protect children in street situations from the worst forms of child labour and to provide for their rehabilitation and social integration. It requests the Government to continue to provide information on the measures taken in this regard, as well as the number of children who have been withdrawn and rehabilitated through these initiatives.

Application of the Convention in practice. Following its previous comments, the Committee notes the information provided by the Government on the results of the national population and housing census of 2016. According to this information, from about 5.8 million children aged between 10 and 14 years, there are more than 68,000 children who are economically active. This shows a descending trend in the number of working children with a decrease of 33.4 per cent from 2012 to 2016. The Committee requests the Government to continue to provide information on the nature, extent and trends of the worst forms of child labour, disaggregated by age and gender, and on the number of children covered by the measures giving effect to the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. Following its previous comments, the Committee notes the Government’s indication in its report that it has initiated several awareness-raising measures to prevent the use of children for trafficking drugs. It has also conducted workshops for NGOs working among street children. Moreover, the Committee notes the information from the United Nations Office on Drugs and Crime (UNODC) contained in a report on UNODC Country Programme 2011–14 (UNODC report), that although drug trafficking represents a major challenge for the Islamic Republic of Iran, the country has built one of the strongest counter-narcotics enforcement capabilities in the region. In this regard, the Committee notes from the UNODC report that it has provided support to the national authorities of Iran, Afghanistan and Pakistan to facilitate the implementation of their subregional partnership entitled Triangular Initiative on counter-narcotics enforcement. Support was provided for the establishment of border liaison offices, information–intelligence exchange and cross-border communication systems. However, the Committee notes from the UNODC report that over 70 per cent of Afghan opiates are trafficked via Iran and Pakistan every year. It also notes the information contained in the Government’s Third Periodic Report of 2013 on the Convention on the Rights of the Child (Government’s Report to the CRC) that children, particularly those living in border areas, are employed by criminal groups and individuals for cross-border trafficking of drugs. The Committee requests the Government to strengthen its efforts to ensure that thorough investigations and robust prosecutions are carried out against persons who use, procure or offer children under the age of 18 years for trafficking of drugs. It also requests the Government to provide information on the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed in this regard.

Clause (d). Hazardous work. Children working in the informal sector and self-employed children. In its previous comments, the Committee noted that the Labour Code excluded several types of work from its scope of application such as: work performed outside of a formal employment relationship; a number of activities in the agricultural sector; family enterprises; and in some cases, small-scale enterprises with fewer than ten workers.

The Committee notes the Government’s statement that all enterprises, including small-scale enterprises with less than ten workers, are obliged to observe labour laws and they are by no means excluded from regulations banning child labour. The Government’s report also states that labour inspectorates of the Ministry of Cooperatives, Labour and Social Welfare conduct inspections of all enterprises throughout the country regardless of the number of workers employed and whether or not it is formal or informal. Any violations detected during inspections shall be reported to the concerned authority. The Committee requests the Government to continue taking measures to protect children involved in hazardous work in the informal economy, including through strengthening the capacity and expanding the reach of the labour inspectors in this sector. It requests the Government to continue providing information on the measures taken in this regard.

Articles 5 and 7(1). Monitoring mechanisms and penalties. Following its previous comments, the Committee notes the Government’s indication that the labour inspectors conduct periodic inspections on child labour and, if any violations of child labour are detected, the employer concerned will be issued a warning in order to fix the violation. In case of failure or repetition of the violation, the non-complying employer will be introduced to judicial authorities and prosecuted and sanctions pursuant to section 176 of the Labour Code shall be applied. The Committee notes from the Government’s report that the number of inspections conducted on child labour increased from 25,715 in 2013 to 27,870 in 2014. According to the data provided by the Government, in 2013, 103 employers were referred to judicial proceedings for violations of child labour provisions involving 468 boys and 65 girls under the age of 18. In 2014, 70 cases of violations of child labour provisions involving 376 boys and 22 girls were referred to judicial proceedings. The Committee requests the Government to continue providing information on the number and nature of violations detected with regard to young persons under 18 years. It also requests the Government to indicate the penalties imposed, following the judicial proceedings, on the employers for the non-compliance of child labour provisions.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to free basic education. Following its previous comments, the Committee notes from the Government’s report that various initiatives have been undertaken to create equal educational opportunities for all children. These include the implementation of a conditional cash transfer programme aimed at helping children of poor families to enrol at schools, as well as street children, working children and those who have dropped out of schools in order to enable them to return to schools. Moreover, several measures have been taken to enhance girls’ education, including establishing rural schools, providing transport facilities, and introducing skills training at the secondary level. According to the data provided by the Government, currently 1,460,402 girl students are covered by these measures.

The Committee also notes from the Government’s report to the CRC that it has established distance education institutes to enable children who have dropped out of school or children who are unable to attend school to access formal education. According to this report, at least 75,215 children have so far been taught by this programme. The Government’s report to the CRC also indicates that with the aim of covering all children in geographically remote areas or scattered or under-populated villages, the Ministry of Education has established schools in central villages and provided free transportation to students. In this regard, over 725 boys’ high schools and over 729 girls’ high schools are currently operating in central villages. The Committee notes from the Education For All (EFA) 2015 National Review of the Islamic Republic of Iran that the net enrolment rate in primary school was 98.6 per cent in 2014 and the transition rate from primary to junior high school was 95.7 per cent. However, the EFA 2015 report also indicates that despite the improvements of some indicators in secondary education, a large proportion of the population aged 14–17 (who should be at high school) are out of school. In addition, girls, and those in rural areas, are in poorer conditions compared to boys and those in urban areas. Above 70 per cent of this population aged 14–17 are in rural areas and over 30 per cent of this age group all over the country are out of school (almost 1.5 million people of the population aged 14–17). Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to pursue its efforts to facilitate access to free basic education to all children, particularly girls and children in rural areas. The Committee requests the Government to continue providing information on the measures taken in this regard, and on results achieved, particularly with regard to increasing the enrolment rates of girls and children in the rural areas at the secondary level.

2. Trafficking. Following its previous comments, the Committee notes the Government’s information that a Bill on Protection of Children and Adolescents which is underway foresees a wider definition of child exploitation and calls for severe punishments for perpetrators of offences against children, including trafficking of children. The Committee also notes from the Government’s report that several awareness-raising campaigns on trafficking and exploitation of children, were conducted for the public, particularly for children.

The Committee notes, however, from the Government’s report to the CRC that children, especially those living in border regions and children from poor families, are often trafficked across the border or sold for smuggling goods, forced labour or for forced marriage. In this regard, the Committee notes the Government’s information contained in its report under the Forced Labour Convention, 1930 (No. 29) that a Committee on Combating Human Trafficking was established comprising of representatives from the concerned ministries and executive departments including the Prosecutor General’s Office, the Police, the Passport and Border Control Police and the Office for Interpol National Bureau. The Committee requests the Government to provide information on the activities of the Committee on Combating Human Trafficking on preventing and combating the trafficking of children. Noting the prevalence of cross-border trafficking of children, the Committee urges the Government to take effective and time-bound measures to ensure that children under 18 years of age are prevented from becoming victims of trafficking for both commercial sexual exploitation and labour exploitation. It requests the Government to provide information on the concrete measures taken in this regard.

Clause (d). Identifying and reaching out to children at special risk. Street children. Following its previous comments, the Committee notes the information contained in the Government’s report concerning the measures taken to protect street children which are as follows: (i) the establishment of a National Council for Organizing Street Children which is entrusted to provide social support, medical insurance, affordable health services for street children, as well as financial assistance for their return to formal education or vocational training; (ii) the provision of credit facilities to generate employment for job-seeking street children and their families; and (iii) the provision of free occupational training skills for street children over 15 years through the State Technical and Vocational Training Organizations. The Government also indicates that the State Welfare Organization (SWO) has taken concrete measures with a view to supporting street children through conducting awareness-raising programmes. Moreover, the SWO also runs shelter homes with provision for accommodation and social, health, educational and vocational services for street children. In addition, the Ministry of the Interior collects information and data on street children every six months; visits and supervises centres taking care of street children; and provides psychological, health, legal and educational support services. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to continue its efforts to protect such children from these worst forms. It also requests the Government to continue to provide information on the effective and time-bound measures taken in this regard, as well as the number of street children who have been withdrawn and rehabilitated through these initiatives.

Clause (e). Taking into account the special situation of girls. Following its previous comments, the Committee notes the detailed information provided by the Government concerning the measures taken to protect girls and runaway girls. Accordingly, the Committee notes that the Government has established 31 Girls’ health houses for socially vulnerable, disadvantaged or abused girls. These Girls’ health houses enable girls to obtain economic and social independence through employment training and provide them with financial support. Furthermore, 26 support and rehabilitation centres for socially disadvantaged girls are in place which provide social, psychological, and health services; access to education, employment or legitimate income; technical and vocational training to generate employment as well as financial support. The Committee requests the Government to provide information on the number of girls under the age of 18 years who have benefited from the Girl’s health houses and the rehabilitation centres.

Application of the Convention in practice. The Committee notes the Government’s information that the incidence of the worst forms of child labour has been reduced following the implementation of its various initiatives, such as increasing the extent of child labour inspections, disseminating information to vulnerable groups and providing them with the required support. The Government’s report further indicates that research projects on child labour will be undertaken and a comprehensive database on child labour will be developed in order to identify challenges and to take practical measures to eliminate the worst forms of child labour. The Committee expresses the firm hope that research projects on child labour will be undertaken in the near future and that sufficient data on the worst forms of child labour, including the nature, extent and trends of the worst forms of child labour in the country, will be made available. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee previously noted that section 135 of the Islamic Penal Code, 1991, prohibits procuring (bringing two or more persons together for the purpose of fornication) and that section 639 punishes anyone who manages a property where activities against public morals (such as prostitution) take place, as well as anyone who encourages people to violate public morals. It also noted that section 3 of the Children and Juvenile Protection Law, dated 14 January 2003, states that any kind of sale, purchase, use or employing of a child (defined as a person under 18) to conduct an offence is forbidden. The Committee requested the Government to indicate if the term “to conduct an offence” in section 3 of the Children and Juvenile Protection Law encompasses the use and offering of a child for the purpose of prostitution.

The Committee notes the Government’s statement that the Children and Juvenile Protection Law was adopted with a view to implementing Convention No. 182. In this regard, the Government indicates that, pursuant to the Children and Juvenile Protection Law, prostitution is an offence.

2. Pornography or pornographic performances. The Committee previously noted that section 640 of the Islamic Penal Code punishes anyone who publicizes or circulates any picture, text, photo, drawing, article, newsletter, newspaper or any movie that violates public morals. However, the Committee observed that the Islamic Penal Code did not prohibit the use, procuring or offering of a child for the production of pornography or pornographic performances.

The Committee notes the Government’s indication that section 2 of the Children and Juvenile Protection Law, which prohibits all kinds of abuse leading to physical, mental or moral damage to a child, includes engaging a child in pornography. The Government also indicates that section 3(b) of the Law Concerning Penalties for Persons Involved in Illicit Audiovisual Activities of 2008 also prohibits and penalizes the production of all pornographic materials. The Committee requests the Government to provide a copy of the Law Concerning Penalties for Persons Involved in Illicit Audiovisual Activities of 2008, with its next report.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted that section 3 of the Children and Juvenile Protection Law of 2003 states that it is prohibited to, inter alia, use or employ a child for the purpose of committing an offence. However, the Committee noted the Government’s indication that due to the conflict in Afghanistan, the production and trafficking of narcotic drugs had increased several fold, and noted the information from the United Nations Office on Drugs and Crime (UNODC) that children are trafficked from the Islamic Republic of Iran to Pakistan and Afghanistan to be used in drug trafficking.

The Committee notes the Government’s indication that, in practice, law enforcement officials and the courts apply the Children and Juvenile Protection Law 2003. However, the Government indicates that the lack of capacity of neighbouring countries in combating this phenomenon has affected the measures taken by the Government. The Committee also notes the information in the Government’s report that it has taken several measures to prevent and control drug addiction in the country, including specific measures to reduce the use of drugs among street children. The Committee further notes the information from the UNODC that it is collaborating with the Government, through a specific country programme, to address drug trafficking and border management. Recalling that the use, procuring or offering of a child for the production and trafficking of drugs constitutes one of the worst forms of child labour, the Committee requests the Government to pursue its efforts to enforce the relevant provisions to ensure that children are not used for the purpose of drug trafficking in the illicit drug trade. It requests the Government to continue to provide information on measures taken in this regard.

Clause (d). Hazardous work. Children working in the informal sector and self-employed children. In its previous comments, the Committee noted that the Labour Code appears to exclude several types of work from its scope of application: work performed outside of a formal employment relationship, a number of activities in the agricultural sector, family enterprises, and in some cases, small-scale enterprises with fewer than ten workers. Moreover, the Executive By-law on the list of harmful jobs for children under 18 excludes the work of children in traditional family enterprises of carpet making, weaving and knitting and work in the wood industry. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations, expressed concern at the large number of children involved in child labour, especially in the informal sector, such as household enterprises and agriculture, many of whom were working in hazardous conditions (CRC/C/15/Add.123, 28 June 2000, paragraph 51). However, the Committee noted the Government’s statement that the Labour Code applies to both the informal and formal sector.

The Committee once again notes the Government’s indication that, pursuant to section 98 of the Labour Code, labour inspectors may enter family workplaces, upon the permission of the Public Prosecutor. The Committee also notes the Government’s statement, in its report to the Committee on Economic, Social and Cultural Rights of 16 May 2011, that it recognizes that the exemption of small scale enterprises from the application of the Labour Code may have harmful consequences on children working in these enterprises. In this regard, the Government states that a special committee has been set up to draft a corrective amendment for submission to the Islamic Consultative Assembly to address this issue (E/C.12/IRN/2, paragraph 177.7). The Committee requests the Government to continue to provide information on the measures taken to protect children working in small-scale enterprises from hazardous work, and to provide a copy of any legislation in this regard, once adopted. It also requests the Government to provide information on the measures taken to protect children working in the informal economy from hazardous work, including measures taken to strengthen the capacity and expand the reach of the labour inspectorate in this sector.

Articles 5 and 7(1). Monitoring mechanisms and penalties. The Committee previously noted the Government’s indication that although 15,226 citations were issued related to child labour, only two employers were brought before judicial authorities for their violations. Therefore, while noting that several cases of violations of child employment were detected by the labour inspectorate, the Committee noted with concern that persons who employ children in breach of the provisions giving effect to the Convention were not prosecuted as a rule.

The Committee notes the Government’s statement that the General Office of Labour Inspection was established within the new Ministry of Cooperatives, Labour and Social Welfare, to ensure the proper application of the labour legislation. It states that labour inspectors engage in the necessary monitoring in the provinces. The Government also states that the Ministry cooperates with other institutions, such as the Ministry of the Interior and municipal governments, in implementing the legislative provisions related to child labour. Recalling that, by virtue of Article 7(1) of the Convention, ratifying countries are required to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of sanctions, the Committee requests the Government to provide information on the specific measures taken to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, the Committee once again requests the Government to provide information on the number of violations related to the worst forms of child labour detected by the labour inspectorate, the number of persons prosecuted and the specific penalties imposed.

Article 6. Programmes of action. The Committee previously noted that, through the Social Welfare Organization (SWO), the Government was implementing various initiatives related to preventing the worst forms of child labour. It requested the Government to continue to provide information on activities implemented in this regard.

The Committee notes the Government’s indication that the SWO continues to implement diverse projects to provide social support to children, including those from disadvantaged regions. The Government indicates that, pursuant to a Memorandum of Understanding (MOU) with UNICEF (signed in 2009) to implement a project on child poverty, research has been carried out on the impact of social and economic changes on children, a database has been developed concerning social indicators for children, and a comparative study was undertaken to identify opportunities and gaps in social policies related to children. The Government also indicates that measures have been taken to reinforce family integration, through the provision of monthly allowances to vulnerable families. The Committee further notes the Government’s indication that the Institute of Labour and Social Security has undertaken work to develop a national programme for decent work, which includes the eradication of child labour as an objective, and that several conferences and workshops have been held in this regard. The Committee requests the Government to pursue its efforts to combat the worst forms of child labour, including within the framework of the national programme for decent work. It requests the Government to provide information on the concrete measures taken in this regard and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee previously noted that the CRC expressed its concern, in its concluding observations (CRC/C/15/Add.254, paragraph 59, 31 March 2005), at the disparity that exists between boys and girls with regard to education, the high drop-out rates of girls in rural schools upon reaching puberty, and the long distances between homes and schools which often keep girls at home. The Committee also noted the information in the 2010 UNESCO Report entitled Education for All: Global Monitoring Report that in 2007, 89 per cent of boys made the transition from primary to secondary school, but only 77 per cent of girls made this same transition.

The Committee notes the information in the Government’s report that a total of 5,632,825 students are enrolled in primary school (approximately 48 per cent girls), and 3 038 847 children are enrolled in secondary school (approximately 47 per cent girls). The Government also indicates that it pays grants to applicants to kindergarten, and that currently 571,014 children are enrolled in kindergarten throughout the country. The Committee further notes the information from UNESCO’s Institute for Statistics that, in 2010, there was a net enrolment rate of 86 per cent at the secondary level (92 per cent for boys and 80 per cent for girls). Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to pursue its efforts to facilitate access to free basic education, paying particular attention to the situation of girls. The Committee requests the Government to provide information on the measures taken in this regard, and on results achieved, particularly with regard to increasing the enrolment rates of girls at the secondary level.

2. Trafficking. The Committee previously noted that the CRC, in its concluding observations, expressed concern regarding reports of sale and trafficking of young persons under 18 years of age, particularly young girls from rural areas and the trafficking of young persons for the purpose of labour exploitation, from Afghanistan to the Islamic Republic of Iran (CRC/C/15/Add.254, paragraph 70, 31 March 2005). It also noted the information in the compilation report of 29 November 2009, prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review, that the Special Rapporteur on violence against women cited reports indicating a worrying increase in trafficking of girls and women, mostly in the eastern provinces where women are kidnapped, bought or entered into temporary marriage to be sold into sexual slavery (A/HRC/WG.6/7/IRN/2, paragraph 37). The Committee further noted the indication from the UNODC that reports of trafficking of children (Afghans, as well as Iranians) is of particular concern, specifically from the Islamic Republic of Iran to the Gulf Region littoral States for the purpose of sexual exploitation, and from the Islamic Republic of Iran to Pakistan and Afghanistan for the purpose of drug trafficking.

The Committee notes the Government’s statement that, on the topic of trafficking, it has agreements with several other countries concerning law enforcement cooperation. The Committee also notes the Government’s statement in its report submitted under the Forced Labour Convention, 1930 (No. 29), that there is a lack of statistical information on cases of trafficking in the country. The Committee further notes that the Human Rights Committee, in its concluding observations of 29 November 2011, expressed concern about the persistent trafficking in women and children, particularly young girls from rural areas, often facilitated by temporary marriages (CCPR/C/IRN/CO/3, paragraph 20). The Committee once again expresses its concern at reports of the trafficking of boys and girls under 18 years of age and urges the Government to take effective and time-bound measures to ensure that children under 18 years of age are prevented from becoming victims of trafficking for both commercial sexual exploitation and labour exploitation. It requests the Government to provide information on the concrete measures taken in this regard, in its next report.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted that the CRC, in its concluding observations of 31 March 2005 (CRC/C/15/Add.254, paragraph 64), expressed its concern about the large number of children living or working in the streets. However, the Committee noted that the SWO was taking several measures to provide for the identification and placement of street children and that a by-law had been adopted aimed at legalizing the topic of the protection of street children.

The Committee notes the Government’s statement that pursuant to the by-law on the Redevelopment of Street Children of 26 July 2005, different institutions have responsibilities regarding the rehabilitation of street children, including municipal governments, the Social Welfare Department and the Ministries of Cooperatives, Labour and Social Welfare, Health, Education, and Justice. The Government also indicates that the Ministry of Cooperatives, Labour and Social Welfare is carrying out several programmes for children from poor areas. The Government further indicates that, within the framework of the 5th Development Plan, it is taking measures to develop family oriented projects aimed at helping street children. In addition, the Committee notes the Government’s indication that, within the framework of its MOU with UNICEF, it is taking measures to address child poverty. However, the Committee also notes the information from UNODC, in a document of April 2012 entitled “Street Children learn Survival Strategies” that in the country, children living on the streets can often be seen in urban centers such as Tehran, Isfahan, Mashad and Shiraz. This document indicates that many of them are the offspring of Afghan refugees, while others come from Iranian families who have slipped into the populous ranks of the urban poor. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to strengthen its efforts to protect such children from these worst forms. It also requests the Government to continue to provide information on the effective and time-bound measures taken in this regard, including the number of street children reached through these initiatives.

Clause (e). Taking into account the special situation of girls. The Committee previously noted that the prospect of forced early marriages was reportedly one of the underlying causes of the phenomenon of runaway girls. In this regard, it noted that the Special Rapporteur on adequate housing expressed concern on the insufficiency of safe houses for runaway girls and street women in the country (A/HRC/WG.6/7/IRN/2, paragraph 64).

The Committee notes the Government’s indication that an NGO, the Omid-e Mehr Foundation, continues to provide vocational training to runaway girls. The Government also indicates that the Girl’s Health House and centres for abused women offer vocational training in various fields, including accounting, computing and cooking, as well as training on general life skills. The Government further indicates that the Centre for Women’s Affairs and Family has focused its planning on children, particularly girls between the ages of 7 and 18, and has organized activities in this regard. The Committee requests the Government to provide, in its next report, detailed information on the measures taken to protect girls, including runaway girls, from engaging in the worst forms of child labour. In this regard, the Committee requests the Government to provide information to the services available to abused and runaway girls, including the number of girls reached through the Girl’s Health House and the Omid-e Mehr Foundation’s activities.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that the number of children involved in the worst forms of child labour was increasing. The Committee also noted that the CRC, in its concluding observations, expressed its concern at the lack of an adequate data collection mechanism in the Islamic Republic of Iran, which would allow for the systematic and comprehensive collection of data in relation to children (CRC/C/15/Add.254, paragraph 16, 31 March 2005).

The Committee notes the Government’s indication that the Institute of Labour and Social Security will undertake a study on the socio-economic factors contributing to child labour in Iran. The Committee requests the Government to strengthen its efforts, including through the Institute of Labour and Social Security, to ensure that sufficient data on the worst forms of child labour is made available, including on the nature, extent and trends of the worst forms of child labour in the country. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. 1. Sale and trafficking of children. The Committee previously requested the Government to provide a copy of the Law on Combating Human Trafficking of 2004. The Committee notes with interest that the Law on Combating Human Trafficking of 2004 prohibits the trafficking of children for the purpose of labour and sexual exploitation. Section 1 of the Law on Combating Human Trafficking contains a comprehensive definition of human trafficking, and section 3 specifies that if the victim of trafficking is under 18 years of age, the offender will be sentenced to the maximum sentence.

2. Forced or compulsory recruitment of children for use in armed conflict. Following its previous comments, the Committee notes that section 2 of the Public Conscription Act specifies that all Iranian males will be subject to conscription from 21 March of the year in which they turn 19 (i.e. at 18 years of age).

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee previously noted that section 135 of the Law on Islamic Penalties, 1991, prohibits procuring (defined as bringing together two or more persons for the purpose of fornication or sodomy). Section 639 of the Islamic Penal Code of the Islamic Republic of Iran punishes anyone who manages a property where activities against public morals (such as prostitution) take place and anyone who encourages people to violate public morals. The Committee noted, however, that there appear to be no provisions specifically prohibiting the use or offering of a child under the age of 18 for prostitution, which pursuant to Article 3(b) of the Convention, constitutes one of the worst forms of child labour.

The Committee notes that section 3 of the Law on Supporting Children and Young Adults, dated 14 January 2003, states that any kind of sale, purchase, use or employing of a child to conduct an offence is forbidden. Section 1 of the Law on Supporting Children and Young Adults states that the Law applies to all individuals who have not yet reached the age of 18. The Committee requests the Government to indicate if the term “to conduct offences” in section 3 of the Law on Supporting Children and Young Adults encompasses the use and offering of a child for the purpose of prostitution.

2. Pornography or pornographic performances. The Committee previously noted that section 640 of the Law on Islamic Penalties punishes anyone who publicizes or circulates any picture, text, photo, drawing, article, newsletter, newspaper, movie, or any other thing that violates public morals. However, the Committee observed that the Law on Islamic Penalties did not prohibit the use, procuring or offering of a child for the production of pornography or pornographic performances.

The Committees notes the indication in the Government’s report that the State Welfare Organization (SWO) has not recorded any cases of the procuring or offering of a child for the production of pornography. While taking due note of this information, the Committee once again reminds the Government that, pursuant to Article 3(b) of the Convention, the use, procuring or offering of a person under 18 for use in the production of pornography constitutes one of the worst forms of child labour and that pursuant to Article 1, the Government must take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency. The Committee accordingly urges the Government to take immediate measures to explicitly prohibit, in national legislation, the use, procuring or offering of a child for the production of pornography or for pornographic performances, in conformity with Article 3(b) of the Convention.

Clause (c). Use, procuring or offering of a child for illicit activities. Following its previous comments, the Committee notes that section 1 of the Anti-Narcotics Law of Iran (as amended in 1997) states that importing, exporting, producing, carrying, purchasing, distributing or selling any kind of narcotics is an offence. The Committee also notes that section 3 of the Law Supporting Children and Young Adults of 2003 states that it is prohibited to, inter alia, use or employ a child for the purpose of committing an offence. The Committee therefore observes that these provisions appear to prohibit the involvement of a child in drug-related offences. However, the Committee notes the Government’s statement in its report to the Universal Period Review of 18 November 2009 that in the past few years, due to the conflict in Afghanistan, the production and trafficking of narcotic drugs has increased several fold, and that almost 70 per cent of sentences in Iranian courts relate to drug offences (A/HRC/WG.6/7/IRN/1, paragraph 133). In this regard, the Committee notes the information in a United Nations Office on Drugs and Crime (UNODC) report entitled “Crime and Justice Situation in Iran”, available on the UNODC website (www.unodc.org) (UNODC Report), that children are trafficked from the Islamic Republic of Iran to Pakistan and Afghanistan to be used in drug trafficking. Recalling that the use, procuring or offering of a child for the production and trafficking of drugs constitutes one of the worst forms of child labour, the Committee urges the Government to take immediate measures to enforce the relevant provisions and ensure that children are not used for the purpose of drug trafficking in the growing illicit drug trade.

Clause (d). Hazardous work. Children working in the informal sector and self-employed children. In is previous comments, the Committee noted that the Labour Code appears to exclude work performed outside of a formal employment relationship, such as self-employment, from its scope of application. It also noted that, under the terms of section 189 of the Labour Code, a number of activities in the agricultural sector are exempted from the application of the Code. In addition, pursuant to section 188 of the Labour Code, workers in family enterprises are not subject to the provisions of the Code, and pursuant to section 191, small-scale enterprises with fewer than ten workers may be temporarily excluded from some of the Code’s provisions. Furthermore, according to paragraph 1 of section 1 of the Cabinet directive on the list of harmful jobs for individuals under the age of 18, work of children in traditional family enterprises of carpet making, weaving and knitting, and work in the wood industry are excluded from the list of the hazardous types of work. The Committee further noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 28 June 2000, expressed concern at the large number of children involved in child labour, especially in the informal sector, such as household enterprises and agriculture, many of whom were working in hazardous conditions (CRC/C/15/Add.123, paragraph 51).

The Committee notes the Government’s statement that the Labour Code applies to both the informal and formal sector. The Committee also notes the Government’s indication that, pursuant to section 98 of the Labour Code, labour inspectors may enter family workplaces, upon the permission of the Public Prosecutor. The Government also states that the SWO is now involved in the monitoring of labour activities in the formal and informal sectors. The Government states that some victims of child labour are trapped in the informal sector, and that the SWO reaches out to these children through the national initiative entitled “Social Urgency Scheme”. The Committee requests the Government to provide information on the number of children engaged in hazardous work in the informal sector who have been reached through the SWO’s Social Urgency Scheme. The Committee also requests the Government to provide information on inspections performed in family enterprises with regard to protecting children from hazardous types of work.

Articles 5 and 7(1). Monitoring mechanisms and penalties. The Committee previously noted that the Labour Inspection Department, under the Ministry of Labour and Social Affairs, was responsible for the implementation of regulations governing working conditions. The Committee requested the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year.

The Committee notes the statistical information in the Government’s report concerning the number of inspections carried out related to child labour, and the number of employers brought before judicial authorities. The Government indicates that, although 38,630 inspections were undertaken, and 15,226 citations issued, related to child labour, only two employers were brought before judicial authorities for their violations. Therefore, while noting that several cases of violations of child employment were detected by the labour inspectorate, the Committee notes with concern that persons who employ children in breach of the provisions giving effect to the Convention are not prosecuted as a rule. In this regard, the Committee reminds the Government that, by virtue of Article 7(1) of the Convention, ratifying countries are required to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application sanctions. The Committee accordingly requests the Government to take the necessary measures to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, it requests the Government to continue to provide information on the number of violations related to the worst forms of child labour detected by the labour inspectorate, the number of persons prosecuted and the penalties imposed.

Article 6. Programmes of action. The Committee previously noted that the SWO had formulated a plan of action for working children. It requested information on this plan of action, and on any other programmes for the prevention of the worst forms of child labour.

The Committee notes the Government’s statement that one of the best ways to prevent the worst forms of child labour is to eradicate its root causes, namely poverty and family dissolution and that addressing poverty and homelessness among children will reduce the chances of children engaging in prostitution, pornography and other worst forms of child labour. In this regard, the Committee notes that the SWO, in implementing the National Action Plan for Children 2009, has provided services through 49 centres for children throughout the country. The Committee also notes the Government’s indication that a total of 15,202 children receive coverage from the SWO through houses for children and the placement of adolescents within alternative families. The Government further provides detailed information on the various initiatives of the SWO related to preventing the worst forms of child labour, such as the provision of life-skills training at all academic levels, providing basic minimum support to families in need, paying financial aid (through monthly stipends and academic and training grants), providing care to children without a head of the family and those in female-headed households, providing rehabilitation services to children without families, operating a recreational camp for children and paying school tuition fees for children under the supervision of the State and needy families. The Committee requests the Government to continue to supply information on the activities of the SWO related to preventing the engagement of children in the worst forms of child labour, and to provide information on the results achieved from these various initiatives.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 
1. Access to free basic education. The Committee previously noted that the SWO permitted the education of 10,913 students at various levels of studies. It also noted that net enrolment in primary education had steadily increased from 85 per cent in 1990 to 98 per cent in 2005, and that primary school drop-out rates had decreased from 13 per cent to 6.6 per cent in the same period. However, the Committee noted that the CRC expressed its concern, in its concluding observations of 31 March 2005 (CRC/C/15/Add.254, paragraph 59), that not all children are enrolled in or graduate from primary school. The CRC also expressed concern at the disparity that exists between boys and girls with regard to education, the high drop-out rates of girls in rural schools upon reaching puberty, and the long distances between homes and schools, which often keep girls at home.

The Committee notes the Government’s statement that it focuses on the education of young children and that, at present, 700,000 children are enrolled in kindergarten. The Government indicates that the Ministry of Education is bound to indentify and absorb all children of school-going age into classes. It states that the necessary educational conditions and facilities need to be provided to absorb children and prevent them from engaging in child labour, including the worst forms. The Committee also notes the statistical information provided with the Government’s report, indicating that in the 2009–10 school year there was a total of 48,617 secondary classes in the country (17,695 girls’ classes, 20,391 boys’ classes and 10,531 mixed classes). The Committee further notes the information in the Government’s report that the SWO is expanding the provision of pre-school education, in the hope of preparing children for further education and preventing future drop-outs. The Government also indicates that the SWO has opened a series of Centres for Children and Adolescents Intellectual Growth, which provide books, develop the libraries of other institutions and create rural and urban mobile centres for children. The Government operates 668 fixed centres and 57 mobile and urban centres, which count 330,674 girls and 275,674 boys as members.

While taking due note of this information, the Committee notes the information in the 2010 UNESCO Report entitled Education for All: Global Monitoring Report that in 2007, there remained 319,000 out-of-school children between the ages of six and ten. This report also indicates that while 89 per cent of boys transition from primary to secondary school, only 77 per cent of girls make this same transition. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to strengthen the functioning of the education system and to increase access to free basic education, paying particular attention to the situation of girls. The Committee requests the Government to provide information on the results achieved, particularly with regard to decreasing the number of out-of-school children and increasing the percentage of girls who transition from primary to secondary school.

2. Trafficking. The Committee previously noted that the CRC, in its concluding observations of 31 March 2005, expressed concern regarding reports of trafficking and sale of young persons under 18 years of age, particularly young girls from rural areas and the trafficking of young persons for the purpose of labour exploitation, from Afghanistan to the Islamic Republic of Iran (CRC/C/15/Add.254, paragraph 70). The Committee also noted a lack of advances made in trafficking prevention measures in the country.

The Committee notes an absence of information on this point in the Government’s report. However, the Committee notes the information in the compilation report of 29 November 2009, prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of the Islamic Republic of Iran (UPR Report), that the Special Rapporteur on violence against women cited reports indicating a worrying increase in trafficking of girls and women, mostly in the eastern provinces where women are kidnapped, bought or entered into temporary marriage to be sold into sexual slavery (A/HRC/WG.6/7/IRN/2, paragraph 37). The Committee further notes the information in the UNODC Report that declarations of judicial and law enforcement officials in the country acknowledge the existence of organized criminal networks involved in the trafficking of human beings. The UNODC Report states that reports of the trafficking of children (Afghans, as well as Iranians) is of particular concern, specifically from the Islamic Republic of Iran to the Gulf Region littoral States for the purpose of sexual exploitation, and from the Islamic Republic of Iran to Pakistan and Afghanistan for the purpose of drug trafficking. The Committee expresses its concern at reports of the trafficking of boys and girls under 18 years of age, and regarding the lack of information on this point in the Government’s report. Therefore, the Committee once again urges the Government to take effective and time-bound measures to ensure that children under 18 years of age are prevented from becoming victims of trafficking for both commercial sexual exploitation and labour exploitation. It requests the Government to provide information on the concrete measures taken in this regard, in its next report.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted that the CRC, in its concluding observations of 31 March 2005 (CRC/C/15/Add.254, paragraph 64), expressed its concern about the large number of children living or working in the streets, at the lack of information on the extent and nature of the problem and that several centres for these children had been closed down. The Committee also noted that the prospect of forced early marriages was reportedly one of the underlying causes of a relatively recent phenomenon, that of runaway girls. The Committee also noted that the SWO was implementing a plan for the identification and placement of street children in 16 provinces. This plan included activities to prevent the abuse of street children, to provide primary facilities to these children (such as shelter, food and health and recreational services), and the adoption of the by-law of 17 July 2006 aimed at legalizing the topic of the protection of street children.

The Committee notes the Government’s statement that in 2009, 10,414 children were given accommodation through 49 Government-run centres. The Committee also notes the information in the Government’s report that the SWO has established a house for runaway and homeless girls, and one for unprotected runaway boys. The Government indicates that these homes no longer operate under their original names, but that cooperation continues for these projects, and that some activities to reach street children are carried out in bus shelters. The girls and boys from these houses may be sent to temporary centres, and depending on their family situation, may then be sent to permanent housing. The Committee further notes the Government’s statement that 7,312 children in situations of poverty and homelessness are under the jurisdiction of the SWO, and that these children are provided with a monthly dividend to allow them to pursue education or vocational training, to remove them from poverty and to prevent their engagement in child labour. Lastly, the Committee notes the Government’s indication that municipalities, in collaboration with NGOs are implementing a programme entitled “Rehabilitating Street Children”, which provides educational consultations and life-skills training to children. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to pursue its efforts, through the SWO, to protect such children from these worst forms. It also requests the Government to continue to provide information on the measures taken in this regard, including the number of street children reached through the SWO initiatives and the Rehabilitating Street Children programme.

Clause (e). Taking into account the special situation of girls. Centres for socially abused girls and women. The Committee previously noted that the SWO is responsible for protecting girls and women and provides them with services including social and psychological assistance and training. The Committee also noted the establishment of centres for rehabilitation for socially abused girls and women, and the establishment of girls’ health houses which provided food, clothes and educational services. The Government indicated that these initiatives had a positive influence on preventing girls from being engaged in the worst forms of child labour.

The Committee notes the Government’s statement that these centres continue to have a positive impact on preventing the engagement of girls in the worst forms of child labour. The Government indicates that both the girls’ health houses and the centres for rehabilitation offer vocational training and life-skills training. The Government also indicates that the Omid Mehr Foundation, an NGO, provides vocational training and hot meals to girls. Nonetheless, the Committee notes the information in the UPR Report that the Special Rapporteur on adequate housing expressed concern on the insufficiency of safe houses for runaway girls and street women in the country (A/HRC/WG.6/7/IRN/2, paragraph 64). The Committee expresses its concern at the inadequate services available to abused and runaway girls, who may be particularly vulnerable to the worst forms of child labour. It accordingly requests the Government to redouble its efforts to provide safe shelter for these children, and to provide for their rehabilitation and social reintegration. The Committee requests the Government to provide information on the number of girls under 18 reached through girls’ health houses, the centres for rehabilitation and the Omid Mehr Foundation’s activities.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that the number of children involved in the worst forms of child labour was increasing. The Committee noted the Government’s data which indicated that the number of children involved in the worst forms of child labour increased by 35 per cent from 2004 to 2005. The Committee also noted that the CRC, in its concluding observations of 31 March 2005, expressed its concern at the lack of an adequate data collection mechanism in the Islamic Republic of Iran, which would allow for the systematic and comprehensive collection data in relation to children (CRC/C/15/Add.254, paragraph 16).

The Committee notes the Government’s indication that the General Office of Social Affairs, within the Ministry of Labour and Social Affairs, has undertaken to study the social causes which force children to work, and that it has collected statistics and data on this topic. The Committee also notes the annual results of the Project of Statistic Collection on the Labour Force submitted with the Government’s report. This data indicates that there were approximately 153,472 working children between the ages of 10–14 in 2008, and approximately 531,537 children between the ages of 15–19 working in specific activities. This information indicates that the number of working children is declining (a decline of 174,659 children aged 10–14, and a decline of 178,361 children between the ages of 15–19 working in specific sectors between 2005–08). Nonetheless, the Committee observes that this data is not disaggregated to indicate how many of these children are engaged in the worst forms of child labour. Therefore, the Committee requests the Government to take measures, including through the initiative of the General Office of Social Affairs, to ensure that sufficient data on the worst forms of child labour is made available, such as on the nature, extent and trends of the worst forms of child labour and on the number of children covered by the measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. The worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously noted that section 3 of the Law on the Protection of Children and Adolescents, 2002, prohibits the trafficking, exploitation, buying and selling of children (defined as persons under the age of 18) for the purpose of trafficking. It had also noted that, according to the Government’s initial report to the Committee on the Rights of the Child, the Islamic Republic of Iran enforces the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs (CRC/C/41/Add.5 of 23 July 1998, paragraph 82). The Committee once again asks the Government to provide a copy of the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs and any other legislation that prohibits the sale and trafficking of children below the age of 18 for the purpose of sexual or labour exploitation, along with its next report.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, according to section 4 of the Public Conscription Act, persons are recruited for military service during the year they have reached the age of 19. The Committee once again asks the Government to provide a copy of the Public Conscription Act.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted that there appear to be no provisions specifically prohibiting the use or offering of a child under the age of 18 for prostitution. The Committee notes the Government’s statement that, under section 1173 of the Civil Code, a court may intervene if a child’s psychological fitness or moral education is in danger as a result of the parents’ moral deterioration or involvement of the child in indecent work such as prostitution. The Committee observes that, while this section concerns the offering of children for prostitution by their parents, the use or offering of children for prostitution by any other person still does not appear to be prohibited. It requests the Government to take immediate measures to ensure that the use, procuring or offering of children under 18 years of age for prostitution by any person is prohibited, as a matter of urgency.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that there appear to be no provisions prohibiting the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances. The Committee had recalled that, by virtue of Article 3(b) of the Convention, such activities are considered to be one of the worst forms of child labour. Noting the absence of information on this point, the Committee requests the Government to take immediate measures to ensure that the use, procuring or offering of children below the age of 18 years for the production of pornography or for pornographic performances is prohibited, as a matter of urgency.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee had noted the existence of the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs. The Committee notes that, in its report, the Government refers to section 18(2) of the Anti-Narcotic Drug Law of 1988. It observes that, while section 18(2) of that law prohibits the causing of addiction to drugs, it does not prohibit the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs. The Committee once again requests the Government to indicate whether the Law concerning aggravation of punishment for trafficking of persons across borders and use of children for trafficking of illicit drugs prohibits the use, procuring or offering of a child under the age of 18 for illicit activities, in particular for the production and trafficking of drugs.

Clause (d). Hazardous work. Children working in the informal sector and self-employed children. In its previous comments, the Committee had noted that the Labour Code appears to exclude work performed outside the formal employment relationship, such as self-employment, from its scope of application. It had noted, too, that, under the terms of section 189 of the Code, a number of activities in the agricultural sector are exempted from the application of the Labour Code. The Committee had further noted that, according to section 188 of the Labour Code, workers in family enterprises are not subjected to the provisions of this Code. It had also noted that, under the terms of section 191, small-scale enterprises with fewer than ten workers may be temporarily excluded from some of the provisions of the Labour Code. Furthermore, the Committee had noted that, according to paragraph 1 of section 1 of the “Recueil de directives”, work of children in traditional family enterprises of carpet making, weaving and knitting, and work in the wood industry are excluded from the list of the hazardous types of work. The Committee had noted that the Committee on the Rights of the Child, in its concluding observations of 28 June 2000, expressed concern at the large number of children involved in child labour, especially in the informal sector, such as household enterprises and agriculture, many of whom were working in hazardous conditions (CRC/C/15/Add.123, paragraph 51). Moreover, according to the information provided by the Government in its report, the number of children involved in the worst forms of child labour is constantly increasing. The Committee requests the Government to take immediate measures to ensure that self-employed workers under 18 years of age and children under 18 working in the informal sector are protected against hazardous work. It also requests the Government to take immediate measures to ensure that children under 18 working in categories to which the Labour Code does not apply are protected against hazardous work as well.

Article 5. Monitoring mechanisms. The Committee had previously noted that, according to section 96 of the Labour Code, a Labour Inspection Department had been established under the Ministry of Labour and Social Affairs which, among other things, supervises the implementation of regulations governing working conditions. The Committee notes the information provided by the Government in its report that, in 2005, the Labour Inspection Department had assigned 25 additional labour inspectors and two statistical experts. The Committee once again requests the Government to provide further information on the activities of labour inspectors, including the number of workplaces investigated per year. It also once again asks the Government to provide information on the other mechanisms established to monitor the implementation of the penal provisions giving effect to the Convention.

Article 6. Programmes of action. The Committee notes the Government’s information that a plan of action for working children was formulated by the State Welfare Organization, which involves three strategic approaches: (a) providing technical and vocational training to children aged between 15 and 18 years involved in child labour and its worst forms; (b) encouraging working children to participate in general training classes to facilitate their acceptance in schools; and (c) providing the families of working children with job-creating facilities. The Committee requests the Government to continue to supply information on this plan of action and on any other programme of action for removing children from the worst forms of child labour and rehabilitating them.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 
1. Free basic education. The Committee notes the Government’s information that the Ministry of Education and the State Welfare Organization have adopted a plan to educate 1,100,000 illiterate children and young persons. The Government also indicates that the Technical and Vocational Education Organization has taken measures to ensure the education of children over 15 years of age and to provide educational services to children and their families who are identified by the State Welfare Organization. Furthermore, the Committee notes the Government’s information that the State Welfare Organization has performed activities which have permitted the education of 10,913 students at various levels of studies. It also notes that, according to the Report of the United Nations General Assembly on the situation of human rights in the Islamic Republic of Iran of 1 October 2008, net enrolment in primary education steadily increased from 85 per cent in 1990 to 98 per cent in 2005. In the same period, primary school drop-out rates decreased from 13 per cent to 6.6 per cent (A/63/459, paragraph 17). However, the Committee notes that the Committee on the Rights of the Child expressed its concern, in its concluding observations of 31 March 2005 (CRC/C/15/Add.254, paragraph 59), that not all children are enrolled in or graduate from primary school. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to provide more detailed information on these measures and, more specifically, on the results achieved by these measures to ensure that children attend and stay in school. The Committee also asks the Government to provide, in its next report, updated statistical information on the enrolment and drop-out rates in schools.

2. Trafficking. The Committee notes that, in its concluding observations of 31 March 2005, the Committee on the Rights of the Child expressed its concern about reports of trafficking and sale of young persons under 18 years of age, and particularly young girls from rural areas (CRC/C/15/Add.254, paragraph 70). The Committee on the Rights of the Child also expressed its concern at the reports of the trafficking of young persons for the purpose of exploitation, including for labour exploitation, from Afghanistan to the Islamic Republic of Iran. According to the information available at the Office, there appear to be no advance in trafficking prevention measures in the Islamic Republic of Iran. The Committee requests the Government to take effective and time-bound measures to ensure that children under 18 years of age, and particularly young girls, are prevented from being engaged in trafficking for both commercial sexual exploitation and labour exploitation. It requests the Government to provide information on the progress made in this regard.

3. Centres for socially abused girls and women. The Committee had previously noted that the “Executive Regulations of the Centre for Protection and Rehabilitation Regarding Girls and Women who are Endangered by Acute Social Abuse”, adopted in 1997, provide that the State Welfare Organization will protect girls and women and deliver services such as social and psychological assistance, training and creating employment opportunities. The Committee had also noted that a project for the establishment of rehabilitation centres for socially abused girls and women was established. It notes the Government’s statement that, in addition to the rehabilitation centres for vulnerable women and girls, the State Welfare Organization has also established “Centres for Interference in Crisis”, which provide services to girls who suffer social problems and attempt to return them to their families. Girls who are not returned to their families stay in these centres for a period of 21 days and are then sent to “Girls Health Houses” for rehabilitation and provision of food, clothes and educational services. The Government indicates that these measures have had a positive influence on preventing children, and mostly girls, from being engaged in the worst forms of child labour. The Committee requests the Government to continue to provide information on such measures and on the number of children effectively prevented from being engaged in the worst forms of child labour as a result.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee had previously noted the issue of street children, and other children who work in the streets. It had noted that the prospect of forced early marriages are reportedly one of the underlying causes of a relatively recent phenomenon, that of runaway girls. The Committee had also noted that the problem of runaway girls had reached such proportions that, in 1999, Tehran and other cities established a network of shelters. Furthermore, it had noted that a project concerning street children was established in 1998 by the Office of Social Affairs and that, since 2001, there has been a plan for gathering the street children in order to create employment opportunities for them or return them to their families.

The Committee notes that, in its concluding observations of 31 March 2005 (CRC/C/15/Add.254, paragraph 64), the Committee on the Rights of the Child once again expressed its continued concern about the large number of children living or working in the streets, particularly in urban centres such as Tehran, Isfahan, Mashhad and Shiraz. The Committee on the Rights of the Child also expressed its regret that the State party could not present studies on the extent and nature of the problem and its concern that the centres known as “Khaneh Sabz”, “Khaneh Shoush” and “Khaneh Reyhane” homes have been closed down. The Committee notes the Government’s information that the State Welfare Organization has implemented a plan for the identification and placement of street children in 16 provinces. In the context of this plan, many activities have been undertaken:
(a) preventing street children from being abused; (b) preparing facilities which offer street children shelter, food, health services and recreation; and (c) the adoption of the bye-law of 17 July 2006 aimed at legalizing the topic of the protection of street children with the participation of all the concerned bodies, including the Ministry of Justice, the municipality, the Ministry of Labour and Social Affairs, the Ministry of Health and the Ministry of Education. The Government indicates that, in 2004, 34 centres for street children received 14,269 children and provided them with 100,516 services and that, in 2005, these centres received 4,403 children and provided them with 30,821 services. The Government also indicates that, as of 2006, there were 42 centres for street children. Furthermore, the Committee notes the Government’s information that, in 2004, the nine shelters established in the context of the Health Hotel Project, implemented in 2002 for the purpose of providing protection to working and street children and increasing their educational and professional skills, received 1,384 children and provided them with 6,995 services. In 2005, the shelters received 784 children and provided them with 5,488 services. The Committee points out that street children are particularly exposed to the worst forms of child labour and strongly encourages the Government to pursue its efforts to protect them from such worst forms. It also requests the Government to continue to provide information on these and other measures to protect street children, including runaway girls, from the worst forms of child labour and on the results attained.

Clause (e). Taking into account the special situation of girls. The Committee notes that the Committee on the Rights of the Child expressed its concern, in its concluding observations of 31 March 2005 (CRC/C/15/Add.254, paragraph 60), at the disparity that exists between boys and girls with regard to education, the high drop-out rates of girls in rural schools upon reaching puberty, and the long distances between homes and schools, which often keep girls at home. The Committee requests the Government to take effective and time-bound measures to ensure that the special situation of girls with regard to their education is taken into account, so as to protect them from the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee takes note of the statistical data provided by the Government in its report. According to this data, the number of children involved in the worst forms of child labour increased by 35 per cent from 2004 to 2005. However, the Committee notes that the Committee on the Rights of the Child, in its concluding observations of 31 March 2005, expressed its concern at the lack of an adequate data-collection mechanism in the Islamic Republic of Iran, which would allow for the systematic and comprehensive collection of disaggregated quantitative and qualitative data in relation to children (CRC/C/15/Add.254, paragraph 16). The Committee urges the Government to take measures to ensure that sufficient and detailed data on the worst forms of child labour is available, such as on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. The Committee requests the Government to provide such information, as well as copies or extracts from official documents including inspection reports, studies and inquiries and the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information should be disaggregated by sex.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. The worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously noted that section 3 of the Law on the Protection of Children and Adolescents, 2002, prohibits the trafficking, exploitation, buying and selling of children (defined as persons under the age of 18) for the purpose of trafficking. It had also noted that, according to the Government’s initial report to the Committee on the Rights of the Child, the Islamic Republic of Iran enforces the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs (CRC/C/41/Add.5 of 23 July 1998, paragraph 82). The Committee once again asks the Government to provide a copy of the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs and any other legislation that prohibits the sale and trafficking of children below the age of 18 for the purpose of sexual or labour exploitation, along with its next report.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, according to section 4 of the Public Conscription Act, persons are recruited for military service during the year they have reached the age of 19. The Committee once again asks the Government to provide a copy of the Public Conscription Act.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted that there appear to be no provisions specifically prohibiting the use or offering of a child under the age of 18 for prostitution. The Committee notes the Government’s statement that, under section 1173 of the Civil Code, a court may intervene if a child’s psychological fitness or moral education is in danger as a result of the parents’ moral deterioration or involvement of the child in indecent work such as prostitution. The Committee observes that, while this section concerns the offering of children for prostitution by their parents, the use or offering of children for prostitution by any other person still does not appear to be prohibited. It requests the Government to take immediate measures to ensure that the use, procuring or offering of children under 18 years of age for prostitution by any person is prohibited, as a matter of urgency.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that there appear to be no provisions prohibiting the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances. The Committee had recalled that, by virtue of Article 3(b) of the Convention, such activities are considered to be one of the worst forms of child labour. Noting the absence of information on this point, the Committee requests the Government to take immediate measures to ensure that the use, procuring or offering of children below the age of 18 years for the production of pornography or for pornographic performances is prohibited, as a matter of urgency.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee had noted the existence of the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs. The Committee notes that, in its report, the Government refers to section 18(2) of the Anti-Narcotic Drug Law of 1988. It observes that, while section 18(2) of that law prohibits the causing of addiction to drugs, it does not prohibit the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs. The Committee once again requests the Government to indicate whether the Law concerning aggravation of punishment for trafficking of persons across borders and use of children for trafficking of illicit drugs prohibits the use, procuring or offering of a child under the age of 18 for illicit activities, in particular for the production and trafficking of drugs.

Clause (d). Hazardous work. Children working in the informal sector and self-employed children. In its previous comments, the Committee had noted that the Labour Code appears to exclude work performed outside the formal employment relationship, such as self-employment, from its scope of application. It had noted, too, that, under the terms of section 189 of the Code, a number of activities in the agricultural sector are exempted from the application of the Labour Code. The Committee had further noted that, according to section 188 of the Labour Code, workers in family enterprises are not subjected to the provisions of this Code. It had also noted that, under the terms of section 191, small-scale enterprises with fewer than ten workers may be temporarily excluded from some of the provisions of the Labour Code. Furthermore, the Committee had noted that, according to paragraph 1 of section 1 of the “Recueil de directives”, work of children in traditional family enterprises of carpet‑making, weaving and knitting, and work in the wood industry are excluded from the list of the hazardous types of work. The Committee had noted that the Committee on the Rights of the Child, in its concluding observations of 28 June 2000, expressed concern at the large number of children involved in child labour, especially in the informal sector, such as household enterprises and agriculture, many of whom were working in hazardous conditions (CRC/C/15/Add.123, paragraph 51). Moreover, according to the information provided by the Government in its report, the number of children involved in the worst forms of child labour is constantly increasing. The Committee requests the Government to take immediate measures to ensure that self-employed workers under 18 years of age and children under 18 working in the informal sector are protected against hazardous work. It also requests the Government to take immediate measures to ensure that children under 18 working in categories to which the Labour Code does not apply are protected against hazardous work as well.

Article 5. Monitoring mechanisms. The Committee had previously noted that, according to section 96 of the Labour Code, a Labour Inspection Department had been established under the Ministry of Labour and Social Affairs which, among other things, supervises the implementation of regulations governing working conditions. The Committee notes the information provided by the Government in its report that, in 2005, the Labour Inspection Department had assigned 25 additional labour inspectors and two statistical experts. The Committee once again requests the Government to provide further information on the activities of labour inspectors, including the number of workplaces investigated per year. It also once again asks the Government to provide information on the other mechanisms established to monitor the implementation of the penal provisions giving effect to the Convention.

Article 6. Programmes of action. The Committee notes the Government’s information that a plan of action for working children was formulated by the State Welfare Organization, which involves three strategic approaches: (a) providing technical and vocational training to children aged between 15 and 18 years involved in child labour and its worst forms; (b) encouraging working children to participate in general training classes to facilitate their acceptance in schools; and (c) providing the families of working children with job-creating facilities. The Committee requests the Government to continue to supply information on this plan of action and on any other programme of action for removing children from the worst forms of child labour and rehabilitating them.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 
1. Free basic education. The Committee notes the Government’s information that the Ministry of Education and the State Welfare Organization have adopted a plan to educate 1,100,000 illiterate children and young persons. The Government also indicates that the Technical and Vocational Education Organization has taken measures to ensure the education of children over 15 years of age and to provide educational services to children and their families who are identified by the State Welfare Organization. Furthermore, the Committee notes the Government’s information that the State Welfare Organization has performed activities which have permitted the education of 10,913 students at various levels of studies. It also notes that, according to the Report of the United Nations General Assembly on the situation of human rights in the Islamic Republic of Iran of 1 October 2008, net enrolment in primary education steadily increased from 85 per cent in 1990 to 98 per cent in 2005. In the same period, primary school drop-out rates decreased from 13 per cent to 6.6 per cent (A/63/459, paragraph 17). However, the Committee notes that the Committee on the Rights of the Child expressed its concern, in its concluding observations of 31 March 2005 (CRC/C/15/Add.254, paragraph 59), that not all children are enrolled in or graduate from primary school. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to provide more detailed information on these measures and, more specifically, on the results achieved by these measures to ensure that children attend and stay in school. The Committee also asks the Government to provide, in its next report, updated statistical information on the enrolment and drop-out rates in schools.

2. Trafficking. The Committee notes that, in its concluding observations of 31 March 2005, the Committee on the Rights of the Child expressed its concern about reports of trafficking and sale of young persons under 18 years of age, and particularly young girls from rural areas (CRC/C/15/Add.254, paragraph 70). The Committee on the Rights of the Child also expressed its concern at the reports of the trafficking of young persons for the purpose of exploitation, including for labour exploitation, from Afghanistan to the Islamic Republic of Iran. According to the information available at the Office, there appear to be no advance in trafficking prevention measures in the Islamic Republic of Iran. The Committee requests the Government to take effective and time-bound measures to ensure that children under 18 years of age, and particularly young girls, are prevented from being engaged in trafficking for both commercial sexual exploitation and labour exploitation. It requests the Government to provide information on the progress made in this regard.

3. Centres for socially abused girls and women. The Committee had previously noted that the “Executive Regulations of the Centre for Protection and Rehabilitation Regarding Girls and Women who are Endangered by Acute Social Abuse”, adopted in 1997, provide that the State Welfare Organization will protect girls and women and deliver services such as social and psychological assistance, training and creating employment opportunities. The Committee had also noted that a project for the establishment of rehabilitation centres for socially abused girls and women was established. It notes the Government’s statement that, in addition to the rehabilitation centres for vulnerable women and girls, the State Welfare Organization has also established “Centres for Interference in Crisis”, which provide services to girls who suffer social problems and attempt to return them to their families. Girls who are not returned to their families stay in these centres for a period of 21 days and are then sent to “Girls Health Houses” for rehabilitation and provision of food, clothes and educational services. The Government indicates that these measures have had a positive influence on preventing children, and mostly girls, from being engaged in the worst forms of child labour. The Committee requests the Government to continue to provide information on such measures and on the number of children effectively prevented from being engaged in the worst forms of child labour as a result.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee had previously noted the issue of street children, and other children who work in the streets. It had noted that the prospect of forced early marriages are reportedly one of the underlying causes of a relatively recent phenomenon, that of runaway girls. The Committee had also noted that the problem of runaway girls had reached such proportions that, in 1999, Tehran and other cities established a network of shelters. Furthermore, it had noted that a project concerning street children was established in 1998 by the Office of Social Affairs and that, since 2001, there has been a plan for gathering the street children in order to create employment opportunities for them or return them to their families.

The Committee notes that, in its concluding observations of 31 March 2005 (CRC/C/15/Add.254, paragraph 64), the Committee on the Rights of the Child once again expressed its continued concern about the large number of children living or working in the streets, particularly in urban centres such as Tehran, Isfahan, Mashhad and Shiraz. The Committee on the Rights of the Child also expressed its regret that the State party could not present studies on the extent and nature of the problem and its concern that the centres known as “Khaneh Sabz”, “Khaneh Shoush” and “Khaneh Reyhane” homes have been closed down. The Committee notes the Government’s information that the State Welfare Organization has implemented a plan for the identification and placement of street children in 16 provinces. In the context of this plan, many activities have been undertaken: (a) preventing street children from being abused; (b) preparing facilities which offer street children shelter, food, health services and recreation; and (c) the adoption of the by‑law of 17 July 2006 aimed at legalizing the topic of the protection of street children with the participation of all the concerned bodies, including the Ministry of Justice, the municipality, the Ministry of Labour and Social Affairs, the Ministry of Health and the Ministry of Education. The Government indicates that, in 2004, 34 centres for street children received 14,269 children and provided them with 100,516 services and that, in 2005, these centres received 4,403 children and provided them with 30,821 services. The Government also indicates that, as of 2006, there were 42 centres for street children. Furthermore, the Committee notes the Government’s information that, in 2004, the nine shelters established in the context of the Health Hotel Project, implemented in 2002 for the purpose of providing protection to working and street children and increasing their educational and professional skills, received 1,384 children and provided them with 6,995 services. In 2005, the shelters received 784 children and provided them with 5,488 services. The Committee points out that street children are particularly exposed to the worst forms of child labour and strongly encourages the Government to pursue its efforts to protect them from such worst forms. It also requests the Government to continue to provide information on these and other measures to protect street children, including runaway girls, from the worst forms of child labour and on the results attained.

Clause (e). Taking into account the special situation of girls. The Committee notes that the Committee on the Rights of the Child expressed its concern, in its concluding observations of 31 March 2005 (CRC/C/15/Add.254, paragraph 60), at the disparity that exists between boys and girls with regard to education, the high drop-out rates of girls in rural schools upon reaching puberty, and the long distances between homes and schools, which often keep girls at home. The Committee requests the Government to take effective and time-bound measures to ensure that the special situation of girls with regard to their education is taken into account, so as to protect them from the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee takes note of the statistical data provided by the Government in its report. According to this data, the number of children involved in the worst forms of child labour increased by 35 per cent from 2004 to 2005. However, the Committee notes that the Committee on the Rights of the Child, in its concluding observations of 31 March 2005, expressed its concern at the lack of an adequate data-collection mechanism in the Islamic Republic of Iran, which would allow for the systematic and comprehensive collection of disaggregated quantitative and qualitative data in relation to children (CRC/C/15/Add.254, paragraph 16). The Committee urges the Government to take measures to ensure that sufficient and detailed data on the worst forms of child labour is available, such as on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. The Committee requests the Government to provide such information, as well as copies or extracts from official documents including inspection reports, studies and inquiries and the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information should be disaggregated by sex.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. The worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee notes that section 3 of the Law on the Protection of Children and Adolescents, 2002 prohibits the trafficking, exploitation, buying and selling of children (defined as persons under the age of 18) for the purpose of trafficking. It also notes that, according to the Government’s initial report to the Committee on the Rights of the Child (CRC/C/41/Add.5 of 23 July 1998, paragraph 82), the Islamic Republic of Iran enforces the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs. The Committee notes the Government’s indication that, to this end, the Islamic Republic of Iran has concluded bilateral agreements, and in cases of illicit transfer of children returns the child that has been brought to the Islamic Republic of Iran illegally. The Committee asks the Government to provide a copy of the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs and any other legislation that prohibits the sale and trafficking of children below the age of 18 years for the purpose of sexual or labour exploitation.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, under the terms of article 151 of the Constitution, the Government is obliged to provide a programme of military training, with all requisite facilities, for all its citizens, in accordance with the Islamic criteria, in such a way that all citizens will always be able to engage in the armed defence of the Islamic Republic of Iran. The Committee notes that according to section 4 of the Public Conscription Act, persons are recruited for military service during the year they have reached the age of 19. The Committee asks the Government to provide a copy of the Public Conscription Act.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 135 of the Law on Islamic Penalties, 1991, prohibits procuring (defined as bringing together and uniting two or more persons for the purpose of adultery or sodomy). Section 639 of the Islamic Penal Code of the Islamic Republic of Iran punishes anyone who manages a property where activities against public morals take place and anyone who encourages people to violate public morals. The Committee notes, however, that there appear to be no provisions specifically prohibiting the use or offering of a child under the age of 18 for prostitution. It reminds the Government that, under Article 3(b) of the Convention, the use or offering of children under the age of 18 for prostitution constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for prostitution, as well as the sanctions envisaged.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that section 640 of the Law on Islamic Penalties punishes anyone who publicizes any picture, text, photo, drawing, article, newsletter, newspaper, movie, or any other thing that violates public morals; and anyone who circulates the above items. It notes, however, that there appear to be no provisions prohibiting the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances. The Committee recalls that, by virtue of Article 3(b) of the Convention, such activities are considered to be one of the worst forms of child labour. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of children below the age of 18 years for the production of pornography or for pornographic performances. It also requests the Government to supply a copy of relevant legislation.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that the Anti Narcotic Drugs Law of 1988 deals with a range of drug-related offences. It also notes the information in the Government’s initial report to the Committee on the Rights of the Child (CRC/C/41/Add.5 of 23 July 1998, paragraph 82) about the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs. The Committee requests the Government to indicate whether this Law concerning the use of children for trafficking of illicit drugs prohibits the use, procuring or offering of a child under the age of 18 for illicit activities, in particular for the production and trafficking of drugs.

Article 3(d) and Article 4, paragraph 1. Hazardous work. Self-employed workers. The Committee notes that, according to section 1 of the Labour Code, all employers and workers, as well as workplaces and production, industrial, services and agricultural establishments are required to comply with the provisions of this Code. Under section 2 of the Labour Code, the term “worker” means any person who works in any capacity at the request of an employer in return for remuneration. “Workplace” is defined in section 4 as any place where a worker performs work at the request of an employer or his representative. The Labour Code therefore appears to exclude work performed outside the formal labour relationship, such as self-employment, from its scope of application. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the absence of information in this regard. However, it notes that, under the terms of section 189 of the Labour Code, a number of activities in the agricultural sector, including growing and management of fruit trees, animal husbandry, raising and breeding of poultry and birds, cultivation, growing and harvesting, are exempted from the scope of application of the Labour Code. The Committee also notes that, according to section 188 of the Labour Code, workers in family enterprises shall not be subject to the provisions of this Code. According to paragraph 1 of section 1 of the “Recueil de directives”, work of children in traditional family enterprises of carpet making, weaving and knitting, and work in wood industry are excluded from the list of the hazardous types of work. The Committee further notes that, under the terms of section 191, small-scale enterprises with fewer than ten workers may be temporary excluded from some of the provisions of the Labour Code. In this regard, the Committee notes that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.123 of 28 June 2000, paragraph 51) expressed concern at the large numbers of children involved in child labour, especially in the informal sector, such as household enterprises and agriculture, many of whom are working in hazardous conditions.

The Committee draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on the measures taken to identify where the types of hazardous work exist. In this regard, the Committee trusts that the Government will take into consideration the conclusions of the Committee on the Rights of the Child.

Article 5. Monitoring mechanisms. The Committee notes that, according to section 96 of the Labour Code, a Labour Inspection Department has been established under the Ministry of Labour and Social Affairs, which among others has the following functions: to supervise the implementation of regulations governing working conditions, particularly protective regulations for arduous, harmful and dangerous work, working time, wages, workers’ welfare, and the employment of women and young workers; to supervise the implementation of the labour law and to carry out inspections. Inspections are to be carried out on a continuous and regular basis, and warnings are to be given in respect of problems, defects and shortcomings, and, if circumstances so require, the appropriate authority may take legal action against violators and offenders. Under the terms of section 98, labour inspectors and health inspectors in the performance of their duties are entitled to enter and inspect any premises, workplaces without prior notice, at any time of the day or night; and are entitled to have access to the relevant books and documents. The Committee requests the Government to provide further information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It also asks the Government to provide information on the other mechanisms established to monitor the implementation of the penal provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the absence of information in the Government’s report on Article 6. The Committee reminds the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to urgently design and adopt the necessary programmes of action, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in the Islamic Republic of Iran.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has provided no information on Article 7, paragraph 2(c), of the Convention. It accordingly requests the Government to provide detailed information on effective and time-bound measures taken to ensure access to free basic education, and, whenever possible and appropriate, vocational training, for all children removed from the worst forms of child labour.

Clauses (b) and (e). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration and take account of the special situation of girls. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.3 of 1 December 2003, paragraphs 176 and 225), “Executive Regulations of the Centre for Protection and Rehabilitation Regarding Girls and Women who are Endangered by Acute Social Abuse” were adopted in 1997. The regulations provide that the welfare organization will protect girls and women at the Centre or will deliver such services as social and psychological assistance, training and creating an employment opportunity. The Project for the Establishment of Rehabilitation Centres for Socially Abused Girls and Women includes such objectives as provision of necessary facilities for social and psychological rehabilitation and facilitating access to the families of help-seekers. The latest statistics show that out of the total number of people registered in 18 rehabilitation centres during the year 2000, 420 were under 18. The Committee asks the Government to provide further information on the impact of these projects and on other effective and time-bound measures taken for the rehabilitation and social integration of the children withdrawn from the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.3 of 1 December 2003, paragraphs 172 and 179), the issue of street children, and other children who work in the streets, is an undeniable phenomenon in the Islamic Republic of Iran. The phenomenon of street children has become serious in Tehran, Mashhad, Isfahan, Shiraz and other large and medium-sized cities. It also notes that, according to the report on the situation of human rights in the Islamic Republic of Iran, prepared by the Special Representative of the Commission on Human Rights (E/CN.4/2001/39 of 16 January 2001, paragraphs 112-114), the prospect of forced early marriages are reportedly one of the underlying causes of a relatively recent phenomenon, that of runaway girls. The problem has reached such proportions that, in 1999, Tehran and other cities established a network of shelters. As reported in the press, the number of runaways has increased by 30 per cent in the past year and an average of 45 Iranian girls run away from home each day. Runaway girls make up a large proportion of the 25,000 children who live in the streets of Tehran. It is reported in the press that some 100 to 150 of them die every night. The Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.123 of 28 June 2000, paragraphs 45 and 46) expressed its concern at the large numbers of children living and working on the streets, particularly in urban centres such as Tehran and Isfahan, and recommended the State party to establish mechanisms to ensure that these children are provided with identity documents, food, clothing and, housing and also to ensure that they have access to health care, rehabilitation services for physical, sexual and substance abuse, services for reconciliation with their families, comprehensive education, including vocational and life-skills training, etc.

The Committee notes the Government’s information that a project concerning street children was established in 1998 by the Office of Social Affairs in collaboration with the municipality, the armed forces and the Ministry of Internal Affairs. It also notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.3 of 1 December 2003, paragraphs 173-174), since August 2001, there has been a plan for gathering the street children in order to create employment opportunities for them or to return them to the families. The decentralized rehabilitation and the professional skill training of the street children have been initiated. The budget allocated for this issue is Rls 19 billion. The Committee considers that children living in the streets are particularly exposed to the worst forms of child labour. It therefore encourages the Government to redouble its efforts to address the situation of these children. The Committee asks the Government to continue providing information on effective and time-bound measures taken to protect young persons under 18 years of age living in the streets and, in particular, runaway girls, from the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the absence of information on this point in the Government’s report. It therefore requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. The Committee notes that section 3 of the Law on the Protection of Children and Adolescents, 2002 prohibits the trafficking, exploitation, buying and selling of children (defined as persons under the age of 18) for the purpose of trafficking. It also notes that, according to the Government’s initial report to the Committee on the Rights of the Child (CRC/C/41/Add.5 of 23 July 1998, paragraph 82), the Islamic Republic of Iran enforces the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs. The Committee notes the Government’s indication that, to this end, the Islamic Republic of Iran has concluded bilateral agreements, and in cases of illicit transfer of children returns the child that has been brought to the Islamic Republic of Iran illegally. The Committee asks the Government to provide a copy of the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs and any other legislation that prohibits the sale and trafficking of children below the age of 18 years for the purpose of sexual or labour exploitation.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that, according to article 43 of the Constitution, the economy of the Islamic Republic of Iran is based, among others, on the respect for the right to choose freely an occupation, refraining from compelling anyone to engage in a particular job and preventing the exploitation of another’s labour. Under the terms of section 6 of the Labour Code, it is prohibited to force a person to perform work against his will or to exploit others. It also notes that section 172 of the Labour Code prohibits all forms of forced labour.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, under the terms of article 151 of the Constitution, the Government is obliged to provide a programme of military training, with all requisite facilities, for all its citizens, in accordance with the Islamic criteria, in such a way that all citizens will always be able to engage in the armed defence of the Islamic Republic of Iran. The Committee notes that according to section 4 of the Public Conscription Act, persons are recruited for military service during the year they have reached the age of 19. The Committee asks the Government to provide a copy of the Public Conscription Act.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 135 of the Law on Islamic Penalties, 1991, prohibits procuring (defined as bringing together and uniting two or more persons for the purpose of adultery or sodomy). Section 639 of the Islamic Penal Code of the Islamic Republic of Iran punishes anyone who manages a property where activities against public morals take place and anyone who encourages people to violate public morals. The Committee notes, however, that there appear to be no provisions specifically prohibiting the use or offering of a child under the age of 18 for prostitution. It reminds the Government that, under Article 3(b) of the Convention, the use or offering of children under the age of 18 for prostitution constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for prostitution, as well as the sanctions envisaged.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that section 640 of the Law on Islamic Penalties punishes anyone who publicizes any picture, text, photo, drawing, article, newsletter, newspaper, movie, or any other thing that violates public morals; and anyone who circulates the above items. It notes, however, that there appear to be no provisions prohibiting the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances. The Committee recalls that, by virtue of Article 3(b) of the Convention, such activities are considered to be one of the worst forms of child labour. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of children below the age of 18 years for the production of pornography or for pornographic performances. It also requests the Government to supply a copy of relevant legislation.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that the Anti Narcotic Drugs Law of 1988 deals with a range of drug-related offences. It also notes the information in the Government’s initial report to the Committee on the Rights of the Child (CRC/C/41/Add.5 of 23 July 1998, paragraph 82) about the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs. The Committee requests the Government to indicate whether this Law concerning the use of children for trafficking of illicit drugs prohibits the use, procuring or offering of a child under the age of 18 for illicit activities, in particular for the production and trafficking of drugs.

Article 3, clause (d) and Article 4, paragraph 1. Determination of hazardous work. The Committee notes that section 83 of the Labour Code prohibits assigning overtime work, shift work, or arduous, harmful or dangerous work to young workers (defined in section 80 as workers between 15 and 18 years of age) or requiring them to carry loads heavier than the authorized maximum weight without using mechanical means. According to section 84 of the Labour Code, in occupations and jobs which, on account of their nature or of the conditions in which they are performed, may be prejudicial to the health or morals of trainees or young workers, the minimum working age shall be 18 years. The Committee also notes with interest that the "Recueil de directives", adopted by the Council of Ministers under the Law on the implementation of Convention No. 182, provides for a list of the types of work forbidden for persons under 18 years. The list contains 36 types of hazardous work, including work in mines or underground work, work with flammable or explosive materials, work that exposes workers to radioactivity, construction work, work with dangerous machinery and the production of chemical and toxic substances.

2. Self-employed workers. The Committee notes that, according to section 1 of the Labour Code, all employers and workers, as well as workplaces and production, industrial, services and agricultural establishments are required to comply with the provisions of this Code. Under section 2 of the Labour Code, the term "worker" means any person who works in any capacity at the request of an employer in return for remuneration. "Workplace" is defined in section 4 as any place where a worker performs work at the request of an employer or his representative. The Labour Code therefore appears to exclude work performed outside the formal labour relationship, such as self-employment, from its scope of application. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the absence of information in this regard. However, it notes that, under the terms of section 189 of the Labour Code, a number of activities in the agricultural sector, including growing and management of fruit trees, animal husbandry, raising and breeding of poultry and birds, cultivation, growing and harvesting, are exempted from the scope of application of the Labour Code. The Committee also notes that, according to section 188 of the Labour Code, workers in family enterprises shall not be subject to the provisions of this Code. According to paragraph 1 of section 1 of the "Recueil de directives", work of children in traditional family enterprises of carpet making, weaving and knitting, and work in wood industry are excluded from the list of the hazardous types of work. The Committee further notes that, under the terms of section 191, small-scale enterprises with fewer than ten workers may be temporary excluded from some of the provisions of the Labour Code. In this regard, the Committee notes that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.123 of 28 June 2000, paragraph 51) expressed concern at the large numbers of children involved in child labour, especially in the informal sector, such as household enterprises and agriculture, many of whom are working in hazardous conditions.

The Committee draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on the measures taken to identify where the types of hazardous work exist. In this regard, the Committee trusts that the Government will take into consideration the conclusions of the Committee on the Rights of the Child.

Article 5. Monitoring mechanisms. The Committee notes that, according to section 96 of the Labour Code, a Labour Inspection Department has been established under the Ministry of Labour and Social Affairs, which among others has the following functions: to supervise the implementation of regulations governing working conditions, particularly protective regulations for arduous, harmful and dangerous work, working time, wages, workers’ welfare, and the employment of women and young workers; to supervise the implementation of the labour law and to carry out inspections. Inspections are to be carried out on a continuous and regular basis, and warnings are to be given in respect of problems, defects and shortcomings, and, if circumstances so require, the appropriate authority may take legal action against violators and offenders. Under the terms of section 98, labour inspectors and health inspectors in the performance of their duties are entitled to enter and inspect any premises, workplaces without prior notice, at any time of the day or night; and are entitled to have access to the relevant books and documents. The Committee requests the Government to provide further information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It also asks the Government to provide information on the other mechanisms established to monitor the implementation of the penal provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the absence of information in the Government’s report on Article 6. The Committee reminds the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to urgently design and adopt the necessary programmes of action, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in the Islamic Republic of Iran.

Article 7, paragraph 1. Penalties. The Committee notes that section 3 of the Law on the Protection of Children and Adolescents establishes penalties for trafficking in children. It also notes that sections 135 and 639 of the Law on Islamic Penalties establish penalties for breach of the provisions prohibiting: procuring and managing a property where activities against public morals take place. It further notes that sections 172 and 176 of the Labour Code establish sufficiently effective and dissuasive penalties of fines and imprisonment for violation of the provisions prohibiting all forms of forced labour and arduous or dangerous work by young workers. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has provided no information on Article 7, paragraph 2(c), of the Convention. It accordingly requests the Government to provide detailed information on effective and time-bound measures taken to ensure access to free basic education, and, whenever possible and appropriate, vocational training, for all children removed from the worst forms of child labour.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, according to article 30 of the Constitution, the Government shall provide all citizens with free education up to secondary school and expand free higher education to the extent required by the country for attaining self-sufficiency. It also notes that the Law amending the Law on Compulsory and Free Education ("Loi de modification de la loi d’éducation et d’enseignement obligatoire et gratuit") provides that the education system in the Islamic Republic of Iran is divided in a first phase of five years and a second of three years. Under the terms of section 5 of the Law on Guaranties of Educational Facilities and Possibilities for Children and Young Iranians ("Loi de garantie des équipements et les possibilités d’enseignement des enfants et des jeunes Iraniens"), professional training is free up to the first university degree. The Committee further notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.3 of 1 December 2003, paragraphs 18 and 19), the Ministry of Education and Training has based its activities on the two following pivotal principles:

-  to increase the educational coverage of children and youth in need of learning at the general level, giving priority to rural and deprived regions, and closing the gap between cities and villages;

-  to elevate the educational status of girls, especially in the rural regions, closing the gap between girls and boys, and finding ways to keep girls learning, especially at the primary level. The programme for combating the illiteracy of girls is carried out in 15 provinces of the country. Lately, the full coverage of girls requiring education in six under developed provinces has been considered, and approximately 7,000 girls needing education have been covered for primary education through the implementation of this programme.

Clauses (b) and (e). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration and take account of the special situation of girls. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.3 of 1 December 2003, paragraphs 176 and 225), "Executive Regulations of the Centre for Protection and Rehabilitation Regarding Girls and Women who are Endangered by Acute Social Abuse" were adopted in 1997. The regulations provide that the welfare organization will protect girls and women at the Centre or will deliver such services as social and psychological assistance, training and creating an employment opportunity. The Project for the Establishment of Rehabilitation Centres for Socially Abused Girls and Women includes such objectives as provision of necessary facilities for social and psychological rehabilitation and facilitating access to the families of help-seekers .The latest statistics show that out of the total number of people registered in 18 rehabilitation centres during the year 2000, 420 were under 18. The Committee asks the Government to provide further information on the impact of these projects and on other effective and time-bound measures taken for the rehabilitation and social integration of the children withdrawn from the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.3 of 1 December 2003, paragraphs 172 and 179), the issue of street children, and other children who work in the streets, is an undeniable phenomenon in the Islamic Republic of Iran. The phenomenon of street children has become serious in Tehran, Mashhad, Isfahan, Shiraz and other large and medium-sized cities. It also notes that, according to the report on the situation of human rights in the Islamic Republic of Iran, prepared by the Special Representative of the Commission on Human Rights (E/CN.4/2001/39 of 16 January 2001, paragraphs 112-114), the prospect of forced early marriages are reportedly one of the underlying causes of a relatively recent phenomenon, that of runaway girls. The problem has reached such proportions that, in 1999, Tehran and other cities established a network of shelters. As reported in the press, the number of runaways has increased by 30 per cent in the past year and an average of 45 Iranian girls run away from home each day. Runaway girls make up a large proportion of the 25,000 children who live in the streets of Tehran. It is reported in the press that some 100 to 150 of them die every night. The Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.123 of 28 June 2000, paragraphs 45 and 46) expressed its concern at the large numbers of children living and working on the streets, particularly in urban centres such as Tehran and Isfahan, and recommended the State party to establish mechanisms to ensure that these children are provided with identity documents, food, clothing and, housing and also to ensure that they have access to health care, rehabilitation services for physical, sexual and substance abuse, services for reconciliation with their families, comprehensive education, including vocational and life-skills training, etc.

The Committee notes the Government’s information that a project concerning street children was established in 1998 by the Office of Social Affairs in collaboration with the municipality, the armed forces and the Ministry of Internal Affairs. It also notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.3 of 1 December 2003, paragraphs 173-174), since August 2001, there has been a plan for gathering the street children in order to create employment opportunities for them or to return them to the families. The decentralized rehabilitation and the professional skill training of the street children have been initiated. The budget allocated for this issue is Rls 19 billion. The Committee considers that children living in the streets are particularly exposed to the worst forms of child labour. It therefore encourages the Government to redouble its efforts to address the situation of these children. The Committee asks the Government to continue providing information on effective and time-bound measures taken to protect young persons under 18 years of age living in the streets and, in particular, runaway girls, from the worst forms of child labour.

Article 8. International cooperation and assistance. The Committee notes that the Islamic Republic of Iran is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Islamic Republic of Iran ratified the Convention on the Rights of the Child in 1994. It further notes that the Islamic Republic of Iran is a party to the following international drugs conventions: Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol, Convention on Psychotropic Substances of 1971, and United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988. The Committee also notes that the Islamic Republic of Iran signed in 2000, but has not yet ratified the UN Convention against Transnational Organized Crime. The Committee asks the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to provisions of the Convention through enhanced international cooperation and assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. The Committee notes the absence of information in this regard. It encourages the Government to supply any court decisions regarding the legislation relevant to the application of the Convention, even if the provisions of the Convention as such were not among the focus of the decisions.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the absence of information on this point in the Government’s report. It therefore requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.