Iran Labor Report
Below are excerpts of the official complaint by the International Trade Union Confederation (ITUC) and the International Transport Workers Federation (ITF) against the Iranian government for its labor rights violations which were jointly lodged at the International Labor Federation (ILO).
Complaints against the Government of the Islamic Republic of Iran presented by
the International Trade Union Confederation (ITUC) and the International Transport Workers’ Federation (ITF):
Allegations: The complainants allege that the authorities and the employer committed several and continued acts of repression against the local trade union at the bus company, including: harassment of trade unionists and activists; violent attacks on the union’s founding meeting; the violent disbanding, on two occasions, of the union general assembly; arrest and detention of large numbers of trade union members and leaders under false pretences (disturbing public order, illegal trade union activities); the mass arrest and detention of workers (more than 1,000) for planning a one-day strike. The complainant organizations also allege that the authorities have arrested Mr Mansour Osanloo, chairperson of the union executive committee, on very serious charges (including contacts with Iranian opposition groups abroad and instigating armed revolt against authorities), and that he had been detained for over six months as of the time of the filing of the complaint and is being denied due legal process.
784. The Islamic Republic of Iran has not ratified either the Freedom of Association and the Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
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(b) The Committee requests the Government to indicate whether Mr Madadi is still in prison and, if so, to take the necessary steps to ensure his immediate release. It further requests the Government to institute an independent investigation without delay into the allegations of ill-treatment to which he had been subjected while in detention. More generally, the Committee requests the Government to take the necessary steps to ensure the safety of both Mr Osanloo and Mr Madadi and to keep it informed of the steps taken in this regard.
(c) The Committee once again urges the Government to ensure that the charges against Ata Babakhani, Naser Gholami, Abdolreza Tarazi, Golamreza Golam Hosseini, Gholamreza Mirzaee, Ali Zad Hosein, Hasan Karimi, Seyed Davoud Razavi, Yaghob Salimi, Ebrahim Noroozi Gohari, Homayoun Jaberi, Saeed Torabian, Abbas Najand Koodaki and Hayat Gheibi are immediately dropped and that, if any of them are still being detained, that they be immediately released. Furthermore, the Committee once again urges the Government to provide any court judgments rendered in respect of these workers.
(d) The Committee must firmly insist that the legislation be brought into conformity with freedom of association principles, particularly those concerning trade union multiplicity, in the very near future and urges the Government to provide detailed information in this respect. The Committee further once again urges the Government to deploy all efforts as a matter of urgency so as to allow for trade union pluralism, including through the de facto recognition of the SVATH union pending the introduction of the legislative reforms.
(e) The Committee calls on the Government as a matter of urgency to fully recognize the right of public protest and expression as an integral corollary of freedom of association. It expresses the firm expectation that the Government will, in the very near future, avail itself of the technical assistance of the Office to ensure that the principles in the code of practice for managing and redeveloping trade union demonstrations, as well as the rules and regulations governing the holding of demonstrations and assemblies, guarantee freedom of association rights, including the right of workers. organizations to carry out peaceful demonstrations without fear of arrest, detention or indictment by the authorities for engaging in such activity.
(f) The Committee requests the Government to transmit a detailed report of the findings of the SGIO and the Headquarters for the Protection of Human Rights into the allegations of workplace harassment during the period of the union.s founding, from March to June 2005, as soon as they are produced. It once again requests the Government, in the light of the information revealed by these investigations, to take the necessary measures to ensure that all employees at the company are effectively protected against any form of discrimination related to their trade union membership or their trade union activities.
(g) The Committee once again urges the Government to take the necessary measures to ensure that the 13 trade unionists found to have been wrongfully dismissed by the Tehran Dispute Settlement Board . and all other trade unionists who have not yet been reinstated and were found to have been the subject of anti-union discrimination . are fully reinstated in their positions without loss of pay.
794. Concerning the Committee.s expectations that the legislation will be brought into conformity with freedom of association principles, in particular to allow for trade union pluralism, the Government indicates that an initial and concrete step toward this objective is its support to the first Confederation of Iranian Workers. Trade Union, which took shape in October 2010 with the participation of 264 workers. unions. This Confederation constitutes the second national institution of workers. union along with the High Assembly of Workers. Representatives of the Islamic Republic of Iran founded in 2009. The Confederation was officially registered as a workers. organization with the Ministry of Labour and Social Affairs.
795. With regard to the draft code of practice on the management and control of trade union and labour-related protests, the Government indicates that the Ministry of Labour and Social Affairs stands at the final stage of developing directives in this respect. It also foresees the need for adequate training of the enforcement authorities and would seek the assistance of the Office in this regard.
C. The Committee’s conclusions
796. The Committee recalls that the present case that it has been examining for more than three years concerns acts of harassment against members of the Tehran Vahed Bus Company (SVATH) union, including: demotions, transfers and suspensions without pay of union members; acts of violence against trade unionists; and numerous instances of the arrest and detention of trade union leaders and members.
797. With respect to Mansour Osanloo, the President of the SVATH, the Committee acknowledges the continuing efforts by the Minister of Labour and Social Affairs to obtain the granting of a pardon for Mr Osanloo. It notes that the Head of the Judiciary has accepted the Minister.s request for such a pardon which, according to the Government, is presently under consideration. The Committee deeply deplores that more than five years have elapsed since his conviction and despite the Committee.s regular call for his release, he remains in prison. The Committee deeply regrets that one year has now elapsed since the Ministry.s laudable initiative to obtain Mr Osanloo.s pardon and urges the competent authorities to take the necessary steps for his immediate release from prison and the dropping of any remaining charge. Recalling, moreover, that it had previously concluded that Mr Osanloo.s detention from 22 December 2005 to 9 August 2006 and the treatment received during this period constituted not only interference with his trade union activities, but an extremely grave violation of his civil liberties as well, the Committee once again expects the Government to carry out the necessary independent investigation in this regard, having the confidence of all parties concerned, as a matter of urgency.
798. Furthermore, while taking note of the Government.s statement that Mr Osanloo receives adequate medical assistance, when and where necessary, that the High Council for Human Rights acknowledged that his physical condition seems not to have been aggravated during imprisonment and that testimonies from Mr Osanloo.s wife and lawyer confirmed his stable physical condition, the Committee expects that the Government will take all necessary measures to provide proper medical attention to Mr Osanloo and considers that the ongoing allegations in relation to the state of his health further attest to the need to ensure his immediate release.
799. With respect to Mr Ibrahim Madadi, Vice-President of the SVATH, the Committee takes due note of the information provided by the Government that the Ministry of Labour and Social Affairs has called for a special sitting of the Parole and Pardon Committee to examine the possibility of granting him amnesty. In this regard, according to the Government, Mr Madadi has been duly included in the list to be examined by the Amnesty Committee through letter No. 9000/6350/100 dated 10 May 2010 and such pardon is presently under consideration. The Committee, while expressing the firm hope that these developments will lead to Mr Madadi.s imminent release from prison and the dropping of any remaining charge, deeply deplores the fact that he would have served much more than the two years prison term for which he was initially sentenced by the Revolutionary Court in October 2007, this in spite of the Committee.s systematic recommendation for his release. The Committee expects that Mr Madadi will have his rights restored and that he will be compensated for the damage suffered.
800. Furthermore, the Committee deeply regrets that the Government has once again failed to provide any indications concerning the allegations of ill-treatment to which Mr Madadi had been subjected while in detention, and once again urges the Government to institute without delay an independent investigation into this serious matter and to keep it informed in this regard.
801. With regard to pending cases of trade union activists of the SVATH, the Committee takes note of the actions of the Ministry of Labour in trying to settle the cases of dismissed or detained workers with other governmental structures, and that the Ministry was assigned to closely follow each individual case of the detained workers on their merits with the High Council for Human Rights. This initiative led the court to address controversial labour disputes with a reasonable approach taking into account requirements of relevant ILO Conventions, in particular Convention No. 87. The Committee further notes, from the Government.s report, that in seven cases of dismissed workers, the Tribunal of Administrative Justice upheld the verdict issued by the Dispute Settlement Board, while in eight other cases the indictment of eight workers by the court of first hearing were later abrogated by the Tribunal of Administrative Justice which ruled for their reinstatement, due compensation and reimbursement of due wages and benefits for the time off work.
802. With regard to its previous request to the Government to ensure that the charges against a number of trade union activists are immediately dropped and that, if any of them were still detained, that they be immediately released, the Committee takes due note of the Government.s full particulars concerning the release of Ata Babakhani, Naser Gholami, Abdolreza Tarazi, Golamreza Golam Hosseini, Gholamreza Mirzaee, Ali Zad Hosein, Hasan Karimi, Seyed Davoud Razavi, Yaghob Salimi, Ebrahim Noroozi Gohari, Homayoun Jaberi, Saeed Torabian, Abbas Najand Koodaki, and for Hayat Gheibi for whom the Government specifies that there was no file against the latter. The Committee however observes from the information provided that for a number of trade unionists, in spite of their release, the Revision Court upheld the verdict issued against them by the court with reference to article 610 of the Islamic punishment Law (conspiracy to commit offences against the security of the State). In this regard, the Committee urges once again the Government to ensure without delay that trade unionists may fully exercise their freedom of association rights, including the right to peaceful assembly, without fear of sanction by the authorities, and to ensure in particular that trade unionists are not arrested or detained and that charges are not brought against them for engaging in legitimate trade union activities. Recalling that it has also been called upon to examine cases with similar serious allegations concerning employers. organizations, the Committee wishes to emphasize that this general principle should also be fully guaranteed with respect to employers. representatives.
803. In its previous comments, the Committee had noted the proposed amendments to article 131 of the Labour Law which appeared to permit trade union multiplicity, including at the workplace and national levels, and requested the Government to keep it informed of the progress made in adopting these amendments. In its latest reply, the Government indicates that an initial and concrete step toward the objective of trade union multiplicity is its support to the first Confederation of Iranian Workers. Trade Union, which was established on 13 October 2010 with the participation of 264 workers. unions. According to the Government, this Confederation constitutes the second national institution of workers. union along with the High Assembly of Workers. Representatives (HAWR) founded in 2009. It was officially registered as a workers. organization with the Ministry of Labour and Social Affairs. The Committee observes that the Government.s reply suggests that any creation of organizations outside the existing structures remains.
805. While noting that the Government has once again failed to provide information with regard to the following recommendations, the Committee further recalls them, as summarized below, and urges the Government to provide full information on their implementation:
The Committee requests the Government to transmit a detailed report of the findings of the State General Inspection Organization (SGIO) and the Headquarters for the Protection of Human Rights into the allegations of workplace harassment during the period of the union.s founding, from March to June 2005, as soon as they are produced. It once again requests the Government, in the light of the information revealed by these investigations, to take the necessary measures to ensure that all employees at the company are effectively protected against any form of discrimination related to their trade union membership or their trade union activities.
The Committee once again requests the Government to immediately institute a full and independent judicial inquiry into the attacks on union meetings in May and June 2005, in order to clarify the facts, determine responsibilities, prosecute and punish those responsible and thus prevent the repetition of such acts. The Committee requests the Government to keep it informed of developments in this regard, as well as to provide a copy of the court.s judgment in the action initiated by the union concerning these attacks once it is handed down.
806. Finally the Committee, noting that four years have elapsed since its first examination of this case, and noting furthermore the seriousness of the matters contained therein . in particular the yet unresolved grave violations of civil liberties against numerous trade unions leaders and members . calls the Governing Body.s special attention to the extremely grave situation relating to the trade union climate in the Islamic Republic of Iran.
The Committee’s recommendations
807. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
(a) The Committee acknowledges the continuing efforts by the Minister of Labour and Social Affairs to obtain the granting of a pardon for Mr Osanloo. It notes that the Head of the Judiciary has accepted the Minister’s request for such a pardon which, according to the Government, is presently under consideration. The Committee deeply deplores that more than five years have elapsed since his conviction and despite the Committee¡¯s regular call for his release, he remains in prison. The Committee deeply regrets that one year has now elapsed since the Ministry¡¯s laudable initiative to obtain Mr Osanloo’s pardon and urges the competent authorities to take the necessary steps for his immediate release from prison and the dropping of any remaining charge. The Committee expects that the Government will take all necessary measures to provide proper medical attention to Mr Osanloo and considers that the ongoing allegations in relation to the state of his health further attest to the need to ensure his immediate release. Recalling, moreover, that it had previously concluded that Mr Osanloo¡¯s detention from 22 December 2005 to 9 August 2006 and the treatment received during this period constituted not only interference with his trade union activities, but an extremely grave violation of his civil liberties as well, the Committee once again expects the Government to carry out the necessary independent investigation in this regard, having the confidence of all parties concerned, as a matter of urgency.
(b) The Committee expresses the firm hope that the call from the Ministry of Labour and Social Affairs for a special sitting of the Parole and Pardon Committee to examine the possibility of granting Mr Madadi amnesty will lead to his imminent release from prison and the dropping of any remaining charge. The Committee however deeply deplores the fact that he would have served much more than the two-year prison term for which he was initially sentenced by the Revolutionary Court in October 2007, this in spite of the Committee¡¯s systematic recommendation for its release. The Committee expects that Mr Madadi will have his rights restored and that he will be compensated for the damage suffered. Furthermore, the Committee deeply regrets that the Government has once again failed to provide any indications concerning the allegations of ill-treatment to which Mr Madadi had been subjected while in detention, and once again urges the Government to institute without delay an independent investigation into this serious matter and to keep it informed in this regard.
(c) The Committee must firmly insist that the legislation be brought into conformity with freedom of association principles, particularly those concerning trade union multiplicity, in the very near future and once again urges the Government to indicate any progress made in adopting amendments to the Labour Law so as to allow for trade union pluralism and expects the Government to deploy all efforts as a matter of urgency, including through the de facto recognition of the SVATH without delay pending the introduction of the legislative reforms.
(d) The Committee calls on the Government once again as a matter of urgency to fully recognize the right of public protest and expression as an integral corollary of freedom of association. The Committee expects that the Government will avail itself of the technical assistance of the Office to ensure that the principles in the code of practice for managing and redeveloping trade union demonstrations, as well as the rules and regulations governing the holding of demonstrations and assemblies, guarantee freedom of association rights, including the right of workers¡¯ organizations to carry out peaceful demonstrations without fear of arrest, detention or indictment by the authorities for engaging in such activity.
(e) The Committee requests the Government to transmit a detailed report of the findings of the SGIO and the Headquarters for the Protection of Human Rights into the allegations of workplace harassment during the period of the union¡¯s founding, from March to June 2005, as soon as they are produced. It once again requests the Government, in the light of the information revealed by these investigations, to take the necessary measures to ensure that all employees at the company are effectively protected against any form of discrimination related to their trade union membership or their trade union activities.
(f) The Committee once again requests the Government to immediately institute a full and independent judicial inquiry into the attacks on union meetings in May and June 2005, in order to clarify the facts, determine responsibilities, prosecute and punish those responsible and thus prevent the repetition of such acts. It further requests the Government to keep it informed of developments in this regard and provide a copy of the court¡¯s judgment in the action initiated by the union concerning these attacks once it is handed down.
(g) The Committee takes due note of the Government¡¯s indication of its repeated requests for technical assistance and training and expects that the ILO will respond positively once the necessary conditions are met to enable a mission to meet with all parties concerned in the various cases against the Government of the Islamic Republic of Iran, including with those who continue to be detained contrary to the Committee¡¯s repeated recommendations.
(h) The Committee, noting that four years have elapsed since its first examination of this case, and noting furthermore the seriousness of the matters contained therein . in particular the yet unresolved grave violations of civil liberties against numerous trade unions leaders and members . calls
A.The complainants’ allegations
811. By their communication dated 4 December 2009, the ITUC and the IUF presented a complaint against the Government of the Islamic Republic of Iran on behalf of the IUF affiliate, the Haft Tapeh Sugar Cane Workers. Union. By way of background, the complainant organizations relate that the state-owned Haft Tapeh sugar plantation and refinery in the city of Shush has experienced increasing social arrest since 2007. Its workers have repeatedly had to resort to strikes and other actions to claim extensive wage arrears and protest deteriorating working conditions. In 2007, a three-week strike in September ended with the management.s promise to pay a month.s arrears, but workers were again obliged to take action in October over the same issue. The complainant organizations allege that security forces were deployed to break the strike and that many activists were arrested. Among the arrested were Ali Nejati, President; Feridoun Nikoufard, Vice-President; Mohammed Heydari Mehr, Representative for Industry Affairs; Ghorban Alipour, Secretary; Nejat Dehli, Treasurer; and Jalil Ahmadi, Member of the Board of Directors. All six were charged with threatening national security in November 2007. The complainant organizations indicate that the charges against Nejat Dehli were withdrawn and the charges against others were not pursued until the beginning of 2009. The complainants indicate that it appears that the charges had been initially shelved, but were reviewed and pursued mainly due to the low turnout at the Islamic Labour Council elections held on 24 February 2009. On 19 March 2009, all five were sentenced to one year of imprisonment. Following the appeal before Dezful court, Second Chamber, on 11 October 2009, trade union President, Ali Nejati, and the Executive Committee members Feridoun Nikoufard, Ghorban Alipour and Jalil Ahmadi were each sentenced to six months of immediate imprisonment and received six months suspended sentences over five years, during which time they are barred from union activity or holding any trade union office. Mohammed Heydari Mehr received a four-month term with eight months suspended sentence.
812. The complainant organizations further allege that on 5 May 2008, thousands of workers from every department of the enterprise stopped working to protest against non-payment of wages for two months. A petition to the provincial labour department signed by thousands of workers triggered mass arrests and repeated interventions by the police, security forces and Revolutionary Guards. The strike lasted until 16 June at which time workers formed an independent trade union, elected officers and agreed to return to work for 15 days to test the management.s promise to pay three months. unpaid wages. The complainants allege that the same five persons . Ali Nejati, Feridoun Nikoufard, Ghorban Alipour, Mohammed Heydari Mehr and Jalil Ahmadi . were arrested in December 2008 and charged with creating an illegal trade union in June 2008. The court hearing took place from 13 to 29 February 2009. Other persons were arrested during this period. On 22 February 2009, Rahim Beshag, a member of the Executive Board was arrested and on 28 February 2009, the house of Reza Rakhshan, public relations officer, was searched prior to his arrest on the same day. Reza Rakhshan was released on 6 March. Mohammed Heydari Mehr, Ghorban Alipour, Feridoun Nikoufard, and Jalil Ahmadi were arrested around 2 or 3 March 2009. Ali Nejati had to go into hiding following the raid on his house on 28 February, but was arrested on 8 March. He was held for over a month in solitary confinement in the notorious Intelligence Detention Centre in the city of Ahwaz. His wife was able to visit him briefly for the first time only on 6 April 2009. He was detained and interrogated on charges he was already heard on. Upon his release on 14 April 2009, his employment at the enterprise was terminated without compensation and since then, he was unable to obtain work anywhere in Shush or the wider area.
813. On 7 April 2009, hundreds of workers of the enterprise went on strike again, among other reasons, to reclaim the two months of wages arrears and to protest against the arrest of Ali Nejati.
814. The sentences in connection with the creation of the union were pronounced on 14 April 2009. All abovementioned involved trade union leaders were sentenced to a year in prison and were prohibited from engaging in trade union activities. While they were not taken in to serve the sentences, pressure was exerted on them to resign from the union.
815. On 2 May 2009, the lawyer of the union, Mohammad Olyaifard, appealed against the sentences. On 25 September 2009, Mohammed Heydari Mehr, Ghorban Alipour, Feridoun Nikoufard, and Jalil Ahmadi were cleared of all charges. Ali Nejati is still awaiting the outcome of his appeal in this case. Should he be sentenced in this case, the suspension of his first sentence connected to the 2007 strikes will be revoked and he will have to serve the full sentence. The complainants also allege that Reza Rakhshan was summoned to Dezful court to answer to charges of ¡°propaganda against the State¡±, ¡°relationship with anti-government persons¡± and the ¡°establishment of the union¡±. He is still awaiting the verdict.
816. The complainants further indicate that after the verdicts issued on 11 October 2009 in the case linked to the strike actions in 2007, the employer prevented those who had been sentenced from entering the workplace and asked them to report to prison. On 5 November 2009, Feridoun Nikoufard and Jalil Ahmadi were arrested and were sent to the Dezful prison to serve their sentence. On 7 November, Mohammed Heydari Mehr and Ghorban Alipour were summoned to court, where they were arrested and brought to Dezful prison to serve their sentence. Ali Nejati was arrested on 14 November, and brought to the same prison to serve his sentence.
817. On 18 November 2009, the lawyer of the union wrote on behalf of the union to the IUF and the ITUC asking for international solidarity. Shortly thereafter, he himself received a summons to court dated 17 November 2009. He is charged with ¡°propaganda against the State¡±, ¡°slandering the judiciary¡± and ¡°publication of lies and agitating public opinion¡±. He was to appear before Branch 26, Province of Tehran Revolutionary Court on 9 December 2009.
818. On 1 December 2009, all jailed officers of the union received letters informing them that their employment was terminated ¡°for failure to report to work¡±.
819. In view of the pattern of systematic and repeated violations of trade union rights, the complainant organizations consider that the Iranian Government should immediately act to ensure that all jailed officers of the Haft Tapeh Union are released with full restoration of their right to participate in trade union activity and that they are reinstated in their positions of employment with full compensation. They further request that the Government act to ensure that the right of all employees of the enterprise to freely join a trade union of their choice and engage in collective bargaining is fully respected by the employer in line with the principles of freedom of association.
A.The Committee’s recommendations
844. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
(a) The Committee expects that the Government will deploy all efforts for the rapid amendment of the labour legislation in a manner so as to bring it into full conformity with the principles of freedom of association, by ensuring that workers may freely come together without government interference, and to form organizations of their own choosing, and requests the Government to indicate the measures taken or envisaged to amend article 131 of the Labour Law.
(b) The Committee requests the Government to take the necessary measures to ensure that any workers who had been imprisoned in connection with the organizing and carrying out of an industrial action, and the creation of a trade union in June 2008, is paid adequate compensation for the damages suffered. It further urges the Government to take the necessary measures to ensure that the prohibition to engage in trade union activities imposed on Messrs Ali Nejati, Feridoun Nikoufard, Ghorban Alipour, Mohammed Heydari Mehr, Jalil Ahmadi, Rahim Beshag, Reza Rakhshan and any other person is immediately lifted and that the union is allowed to function. The Committee requests the Government to indicate the steps taken in this regard.
(c) The Committee requests the Government to ensure the application of freedom of association principles with regard to the police intervention during the course of the strike and once again requests the Government to provide a copy of the instruction on the management and control of labour-related and trade union protests and demonstrations that it was elaborating.
(d) The Committee requests the Government to confirm that Messrs Ali Nejati, Feridoun Nikoufard, Ghorban Alipour, Mohammed Heydari Mehr and Jalil Ahmadi have been reinstated in their posts without loss of pay and are paid compensation for the damages suffered. It requests the Government to keep it informed in this respect.
(e) The Committee urges the Government to drop the charges against Messrs Reza Rakhshan and Mohammad Olyaifard and to provide it with detailed information concerning their status.
