Solicitud directa (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Irán (República Islámica del) (Ratificación : 1957)

Articles 1 (1), 2 (1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that the Law on Combating Human Trafficking of 2004 was under review. In this regard, the Committee notes the Government’s indication in its report that the Bill on “Combating Human and Body Organ Trafficking and Punishment of Unlawful Traffickers” was finalized in the Legal and Judicial Committee of the Parliament and is currently being discussed in the Parliament. The Government emphasizes that the goal of the Bill is to summarize and update the country’s applicable laws and regulations to better combat trafficking in persons, especially the trafficking of Afghan citizens and trafficking in the Eastern borders. The Committee further notes the Government’s indication that all cases of trafficking in persons investigated by the Human Trafficking Control Committee and the National Security Council are related to trafficking of immigrants whose objective is to work, study, live and stay in Iran or to transit to Europe. The Government adds that labour inspectors are paying due attention to the supervision of the recruitment of foreign workers, undertaking periodic inspections and applying the corresponding penalties for violation of the labour regulations.

The Committee duly notes that the Government is reviewing the anti-trafficking legislation with a view to better protecting Afghan citizens from trafficking practices and hopes that the definition of trafficking in persons that will be contained in the new legislation will cover both national and transnational trafficking, as well as trafficking for both labour and sexual exploitation. Pending the adoption of this new legislation, the Committee requests the Government to provide information on the investigations and prosecutions regarding cases of trafficking in persons under the 2004 Law on Combating Human Trafficking. The Committee also requests the Government to provide information on the specific measures taken to prevent trafficking in persons in the country, as well as to provide adequate protection to the victims irrespective of their migration status.

Article 2 (2) c). Prison labour for private entities. The Committee notes that section 80 of the Bylaws of Prisons Organization and Security and Educational Measures provides for the possibility of prisoners to participate in employment in exchange for welfare privileges, including wages and participation in educational and cultural services. Pursuant to section 189 of the Bylaws, at their request and subject to the approval of the Classification Council, prisoners can work in workshops and industrial, agricultural and service institutions inside or outside the penitentiary institution. The Committee further notes that in its mid-term Universal Periodic Review Report (2020-2021) to the United Nations Human Rights Council, the Government indicates that eligible convicts in prison are employed in workshops, in-cell employment, and public and private employment centres (see page 54 of the report). The Committee recalls in this regard the principle according to which the work by convicted prisoners for private entities is not compatible with the Convention, except when such work is performed by prisoners under conditions approximating a free labour relationship, and on the basis of their free, formal, and informed consent. Therefore, the Committee requests the Government to indicate how it is ensured in practice that prisoners give their free, formal, and informed consent before working for the benefit of private entities, and that their conditions of work approximate those of a free labour relationship.

Article 25. Penal sanctions applied to forced labour. The Committee notes the Government’s indication in its report under the Abolition of Forced Labour Convention, 1957 (No. 105) that 83 forced labour related criminal cases were reported between March 2020 and March 2022. The Committee requests the Government to provide information on the legal proceedings initiated, the sentences handed down and the sanctions applied in relation to these cases, specifying under what provisions of the criminal legislation, the act of subjecting another to forced labour can be prosecuted.