Interim Report - Report No 396, October 2021

Case No 2508 (Iran (Islamic Republic of)) - Complaint date: 25-JUL-06 - Active

Allegations: The complainant denounces acts of repression against the local trade union at a city bus company, as well as the arrest and detention of large numbers of trade unionists

1. 427. The Committee last examined this case (submitted in 2006) at its October 2020 meeting, when it presented an interim report to the Governing Body [see 392nd Report, approved by the Governing Body at its 340th Session, paras 655–677]. 
2. 428. The Government forwarded its partial observations in communications dated 31 January 2021 and 29 September 2021.
3. 429. The Islamic Republic of Iran has not ratified either the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 430. At its October 2020 meeting, the Committee made the following recommendations [see 392nd Report, para. 677]:
   • (a) The Committee expresses the firm expectation that, with ILO technical assistance and in full consultation with representatives of workers and employers, the Iranian legislation will be rapidly brought into line with the freedom of association principles, in particular by allowing trade union pluralism and requests the Government to provide information on the progress made in this regard. Further, noting the Government’s indication that it is considering the ratification of Conventions Nos 87, 98 and 144, the Committee requests the Government to keep it informed of the progress made in this regard, if any.
   • (b) The Committee once again urges the Government to ensure that the workers at the company are free to choose the union they wish to join and that the SVATH may recruit members, represent them and organize its activities without interference from the authorities or the employer and requests the Government to keep it informed of the measures taken and the developments in this regard.
   • (c) The Committee requests the Government to keep it informed of the outcome of the pending proceedings in the case of the 17 persons charged in relation to the truck drivers’ strike and to send a copy of the judgments in their cases once they are issued. It further once again urges the Government to take all necessary measures to ensure that no one is imprisoned merely for having organized or having peacefully participated in the truck drivers’ strike in September 2018 and to confirm that the only persons charged or pursued in relation with this action are the 17 persons to which it has referred.
   • (d) Recalling that no one should be imprisoned for exercising their right to freedom of association, the Committee requests the Government to indicate whether there are any charges still pending against the members of the Free Union of Workers of Iran, Jamil Mohammadi or Shapour Ehsani Raad and if so, to specify the nature thereof.
   • (e) Welcoming the Government’s indication that it will make serious effort to pursue the recommendations of the Committee through the Human Rights Office of the Judiciary, the Committee must once again urge it to continue intensifying these efforts in order to ensure that peaceful and legitimate union activities such as those mentioned above do not entail criminal charges and sanctions for trade unionists and that the convictions on such charges are immediately reviewed. The Committee requests the Government to keep it informed of the steps taken in this regard and of any progress made to review the conviction of Mr Azimzadeh with a view to his release.
   • (f) The Committee draws the Governing Body’s attention to the extremely serious and urgent nature of this case.

B. The Government’s reply

1. 431. The Government indicates in its communications that workers can freely choose the organization they wish to join and lawfully formed organizations can recruit members, represent them and organize their activities without interference from authorities or the employer. It further indicates that the growing number of workers’ organizations in recent years shows that the establishment of workers’ organizations and workers’ membership in them are not restricted. Nevertheless, the Government intends to pursue the revision of legislation, so as to enable the expansion of workers’ organizations in conformity with international labour standards.
2. 432. The Government further indicates that together with social partners, it will spare no effort to improve the workers’ situation. However, it expects the Committee to take into consideration the impact of the unilateral measures of the Government of the United States on the business environment in the Islamic Republic of Iran and their consequences for the livelihoods of workers and employers.
3. 433. With regard to the revision of the Labour Law, the Government indicates that after several meetings and consultations with representatives of workers' and employers’ organizations, the draft revised Chapter VI of the Law, which was approved in the 5 August 2002 meeting of social partners, government representatives and ILO experts, was re-examined on 16 June 2021. The Government adds that the following proposal of a revised text of article 131 of the Labour Law was put to discussion: “Pursuant to article 26 of the Constitution of the Islamic Republic of Iran, with a view to strengthening occupational rights and interests, which would also guarantee the interests of society, workers, employers and self-employed professionals who belong to an occupational category, a workshop and a geographical region, are entitled to establish or join syndicates (occupational associations) of workers, employers, or the self-employed in accordance with the relevant legal rules and conditions”. Finally, the Government indicates that the draft law on the revision of the labour code that was previously submitted to parliament has been returned to the Government for further revision.
4. 434. The Government further refers to the measures taken in relation to the ratification of the following international labour Conventions:
   • Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) and Right to Organise and Collective Bargaining Convention, 1949 (No. 98): after tripartite consultations with representatives of high-level workers’ and employers’ organizations, the draft laws on the ratification of the Conventions were adopted in the Council of Ministers on 13 December 2020. They were then submitted to parliament and are currently awaiting examination by the competent parliamentary commissions.
   • Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87): the Government is currently studying the feasibilitiy of ratification of the Convention in consultation with workers’ and employers’ organizations. Pending the decision on the feasiblitiy of ratification, the Government is taking appropriate measures to ensure that due attention is paid to the implementation of the substance of the Convention and the recommendations of the Committee on Freedom of Association. In this regard, the Government has included, inter alia, the following items in its agenda: revision of the relevant executive bylaws; coordination with competent organs with a view to consideration and implementation of applicable standards, and, continuous efforts to reinforce the right of occupational organizations to develop their activities.
5. 435. Concerning the regulatory measures it has taken to date, the Government indicates :
   • On 3 March 2021, the Council of Ministers adopted an amendment to the “Bylaw on establishment, the scope of duties and powers, and the the forms of operation of trade associations and their confederations (adopted in 2010)”. This amendment was previously submitted for consultation and approval of representatives of high-level workers’ and employers’ organizations in the framework of the High Labour Council. The amended Bylaw was notified to the relevant Ministries and Provincial Directorates. Some of the main objectives of this amendment were further development and capacity-building for workers’ and employers’ organizations; participation of the high confederation of employers in the oversight of the elections held in affiliated employers’ associations; extension of participation of trade associations affiliated to the High Confederation of Workers’ Associations in the general assemblies of the Confederation, and, allowing the establishment of culture and media sector professionals’ organizations.
   • On 13 November 2019, the Council of Ministers adopted Decision No. 105569T 56914H with a view to facilitating the establishment of the organization of culture, arts and media professionals. Subsequently, pursuant to paragraph 7 of the Decision, “Guidelines concerning the establishment and activity of associations of culture, arts and media professionals and the related confederations”, and, “Procedure for the establishment of associations of culture, arts and media professionals and the related confederations” were approved by the Ministers of labour and culture on 5 February and 11 May 2020.
   • The draft law on the revision of the “Law on Islamic Labour Council” is still under examination in parliament.
6. 436. With regard to Tehran and Suburbs Bus Company, the Government indicates that the workers at the company have the freedom to join the organization of their choosing and the organization can select its members and organize its activities without interference by the Government and the employer. The Government further adds that it is aware of the difficulties workers face and endeavours to resolve the existing issues through serious support for rights and freedoms of workers’ organizations which pursue their demands peacefully within the framework of national laws and regulations.
7. 437. With regard to the 17 persons arrested in relation to the truck drivers’ strike in September 2018, the Government indicates that these persons were not arrested for organizing or participating in a peaceful strike, but were charged with breach of public order. Nevertheless, the Government indicates that all the persons concerned were ultimately released, either after the prosecutor dismissed the charges against them, or upon acquittal in court.
8. 438. With regard to the situation of Mr Jamil Mohammadi and Mr Shapour Ehsani Raad, the Government emphasizes that no member of workers’ organizations is prosecuted for peaceful occupational activities and no restriction is imposed on their freedom. The Government further indicates that Mr Jamil Mohammadi was charged with membership and effective activity in an illegal, terrorist group and was sentenced to two years imprisonment for collusion against national security, a sentence that has not be executed to date. With regard to the charges against Mr Ehsani Raad, the Government refers to links with subversive elements in the communist party, action against national security and propaganda against the state.
9. 439. With regard to the situation of Mr Jafar Azimzadeh, the Government indicates that he was sentenced to five years imprisonement for collusion against national security and propaganda against the Islamic Republic of Iran and was released in March 2021.

C. The Committee’s conclusions

1. 440. The Committee recalls that this case, lodged in 2006, concerns acts of repression against the Syndicate of Workers of Tehran and Suburbs Bus Company (SVATH), as well as the arrest, detention and condemnation of large numbers of trade union members and officials, and the inadequate legislative framework for the protection of freedom of association.
2. 441. The Committee welcomes the information provided by the Government concerning the measures taken in relation to the ratification of Conventions Nos. 98 and 144 and expects that the ratification process will soon come to its conclusion. It also notes the Government’s indication with regard to the examination of feasibility of ratification of Convention No. 87 and requests the Government to keep it informed of the developments in this regard.
3. 442. Regarding the legislative reform process, the Committee notes the Government’s statement of intention to pursue the revision of the legislation, so as to enable the expansion of workers’ organizations in conformity with international labour standards. It further notes the Government’s indications with regard to the proposal of revision of article 131 of the Labour Law and the actual revision of the “Bylaw on establishment, the scope of duties and powers, and the the forms of operation of trade associations and their confederations”. The Committee recalls that throughout the examination of this case and other cases concerning freedom of association in the Islamic Republic of Iran, it has constantly requested the Government to amend the labour legislation so as to bring it into full conformity with freedom of association principles. In particular the Committee has constantly urged the Government to review those legal provisions that establish trade union monopoly at the work unit, sectoral, provincial and national levels so as to allow for union pluralism. The Committee had already noted that note 4 of the current article 131 of the Labour Law establishes union monopoly at the enterprise level [see Case No. 2807, 359th Report, para. 700]. Furthermore, note 1 of current article 131 provides for one confederation of associations of workers or employers at the provincial level and a single general confederation of associations of workers or employers at the national level. The Committee notes with interest that in the proposal of review of article 131 cited in the Government report, the above-mentioned notes are removed. However, the Committee notes that the draft subjects the right to join or establish organizations to conformity with “releveant rules and conditions”.
4. 443. The Committee recalls that trade union monopoly is enshrined not only in the provisions of labour law on the right to organize (article 131), but also, in the “Bylaw on establishment, the scope of duties and powers, and the the forms of operation of trade associations and their confederations” (hereafter: the Bylaw), which governs the procedure of establishment and registration of workers’ and employers’ organizations. In particular, article 15 of the Bylaw provides that “registration of two homogeneous organizations (trade association or confederation) in a single occupation or industry in a common geographical zone is not permitted”. The Committee notes that the latest review of the Bylaw referred to in the Government report does not address the issue of trade union monopoly and leaves article 15 unchanged.
5. 444. The Committee further notes the Government’s indication concerning the adoption by the Council of Ministers on 13 November 2019 of Decision No. 105569T 56914H (hereafter: the Decision) with a view to facilitating the establishment of the organization of culture, arts and media professionals; as well as the subsequent adoption of Guidelines concerning the establishment and activity of associations of culture, arts and media professionals and the related confederations (hereafter: Guidelines), and, Procedure for the establishment of associations of culture, arts and media professionals and the related confederations (hereafter: Procedure).
6. 445. The Committee notes with deep regret that the recently adopted Guidelines and Procedure, reproduce the restrictions to trade union pluralism that this Committee has for many years requested the Government of Islamic Republic of Iran to remove from the legislation. It notes, in particular, that paragraph 5.3 of the Procedure provides that the approval of an application for the establishment of a professional association will be subject to the condition that no other professional association with a similar object in the field of activity concerned should be already registered with the Ministry of Labour. Furthermore, paragraph 9 of the Guidelines provides that the professional associations in the fields of literature, film, music, theatre, visual arts, the press and other cultural, artistic and media-related fields, may form only one confederation in each field. These confederations may form one national general confederation, as defined in paragraph 3 of the Decision and paragraph 1.10 of the Guidelines. Finally, the Committee notes that according to paragraph 4 of the Procedure, pre-existing recognized associations should submit a request of conversion of their status in accordance with the new rules within three months. At the expiration of this deadline, if they fail to submit a conversion request, any other qualified interested person can request the establishment of a professional association in the field in question at the Ministry of Labour.
7. 446. The Committee notes that these rules establish organization monopolies at the primary and higher levels in each specified cultural, artistic and media-related professional field and pave the way for the suppression of pre-existing organizations that would not comply with the newly established rules and procedures.
8. 447. The Committee recalls that the existence of an organization in a specific occupation should not constitute an obstacle to the establishment of another organization; and that a provision authorizing the refusal of an application for registration if another union, already registered, is sufficiently representative of the interests which the union seeking registration proposes to defend, means that, in certain cases, workers may be denied the right to join the organization of their own choosing, contrary to the principles of freedom of association [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, paras 477 and 494].
9. 448. In view of the above conclusions, the Committee once again expresses the firm expectation that in full consultation with representatives of workers and employers, the Iranian legislation will be rapidly brought into line with freedom of association, by allowing trade union pluralism. In particular, it requests the Government to review the above-cited Guidelines and Procedure so as to allow all workers and employers in cultural, artistic and media-related fields to establish and join organizations of their own choosing at all levels and to keep it informed of developments in this regard.
10. 449. The Committee notes that the Government indicates that the workers at Tehran and Suburbs Bus Company are free to join the organization of their choosing, however, it does not indicate any concrete measures taken to recognize the SVATH or whether the SVATH has effectively been able to represent its members in relation to the employer and the authorities. The Committee therefore reiterates its previous recommendation urging the Government to ensure that workers at the company are free to choose the union they wish to join and that the SVATH may recruit members, represent them and organize its activities without interference from the authorities or the employer and requests the Government to keep it informed of the measures taken and developments in this regard.
11. 450. Regarding the persons arrested in the aftermath of truck drivers’ strike in September 2018, the Committee takes note of the Government’s indication that they have all been released and the charges against them were dropped.
12. 451. The Committee notes the Government’s indications with regard to the situation of Messrs Jamil Mohammadi, Shapour Ehsani Raad and Jafar Azimzadeh, leading members of the Free Union of Workers of Iran, who were allegedly charged and sentenced to imprisonment for trade union activities. It notes that the sentence against Mr Mohammadi has not been executed for reasons that the Government does not explain, that Mr Azimzadeh was released after serving his last sentence and that Mr Ehsani Raad is currently in prison serving his sentence. The Committee further notes that the Government indicates that Messrs Mohammadi and Mr Azimzadeh were condemned under the charge of “collusion against national security”, while Mr Ehsani Raad was condemned for action against national security and propaganda against the State. The Committee notes that once again these cases brought against trade unionists concern the application of articles 500 and 610 of the Islamic Penal Code – concerning propaganda against the State and collusion against national secrutiy – without any information being provided by the Government as to the facts or concrete actions that were attributed to those sentenced [see Case No. 2566, Report No. 351, para. 984 and Report No. 392, para. 73]. The Committee understands that “collusion against national security” refers to a secret agreement between two or more persons to commit one of the crimes defined in the penal code against internal or external security of the State and therefore requests the Government to provide information about the concrete actions attributed to Messrs Mohammadi, Mr Azimzadeh and Mr Ehsani Raad, including details of the “collusion” they were allegedly involved in and the nature of the acts that were being prepared in that context and their relation to the external or internal security of the State. Recalling that no one should be prosecuted, sentenced or sanctioned for the exercise of trade union activities, the Committee firmly urges the Government to ensure that peaceful and legitimate union activities do not entail criminal charges such as collusion against national security or propaganda against the state and that the convictions on such charges are immediately reviewed. The Committee requests the Government to keep it informed of the steps taken in this regard and to provide copies of the relevant court judgments indicating the specific activities for which the trade unionists have been sanctioned. The Committee urges the Government further to ensure the immediate release of Mr Ehsani Raad should his conviction be due to his trade union activities.

The Committee’s recommendations

1. 452. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following:
   • (a) The Committee welcomes the measures taken by the Government in relation to the ratification of Conventions Nos. 98 and 144 and expects that the ratification process will soon come to its conclusion. It requests the Government to keep it informed of the developments with regard to the outcome of the examination of feasibility of ratification of Convention No. 87.
   • (b) The Committee expresses the firm expectation that in full consultation with representatives of workers and employers, the Iranian legislation will be rapidly brought into line with the freedom of association principles, by allowing trade union pluralism. In particular, it requests the Government to review the “Guidelines on the establishment of associations of culture, arts and media professionals and the related confederations” and the ”Procedure of establishment and activity of associations of culture, arts and media professionals and the related confederations”, so as to allow all workers and employers in cultural, artistic and media-related professions to establish and join organizations of their own choosing at all levels. It requests the Government to provide information on the progress made in this regard.
   • (c) The Committee once again urges the Government to ensure that workers at the Tehran and Suburbs Bus Company are free to choose the union they wish to join and that the SVATH may recruit members, represent them and organize its activities without interference from the authorities or the employer and requests the Government to keep it informed of the measures taken and developments in this regard.
   • (d) Recalling that no one should be imprisoned for exercising their right to freedom of association, the Committee requests the Government to provide information about the concrete actions attributed to Messrs. Mohammadi, Azimzadeh and Ehsani Raad, including details of the “collusion” they were allegedly involved in and the nature of the acts that were being prepared in that context and their relation to the external or internal security of the State and to provide copies of the relevant court judgments. The Committee urges the Government further to ensure the immediate release of Mr Ehsani Raad should his conviction be due to his trade union activities.
   • (e) The Committee draws the Governing Body’s attention to the extremely serious and urgent nature of this case.