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Ehsan Hosseinzadeh

UPR or Universal Periodic Review is a global mechanism that examines the human rights situation in all 193 member countries of the United Nations. This mechanism is an innovation of the UN Human Rights Council, established on the basis of equal and non-discriminatory treatment of all member countries. It provides an equal opportunity for all member countries to declare what actions they have taken to improve the human rights situation and overcome human rights challenges in their territory. It also presents the best practices in the field of human rights as a model for other countries through the UPR process.

The present article, considering the increase in labor crisis in Iran, such as non-payment of wages, lack of proportionality between workers’ wages and living expenses, and the recent detention of protesting workers in Haft Tappeh in the past weeks, examines the situation in Iran in the UN report and relevant reports by the UN Human Rights Commission.

In 2014, the special working group for preparing periodic reports, also known as the UPR, published a report on Iran. This report includes sections on labor rights and human rights challenges related to work, which must be examined to determine the views of the UPR and the UN Human Rights Commission on the compliance of labor rights and workers’ rights with international human rights standards. The report’s section J addresses various problems faced by workers in Iran, including the fact that the minimum wage approved for workers in Iran is not enough to provide a decent living, and many employers do not pay workers’ wages for months. It also mentions that Iran’s labor law excludes workplaces with less than 5 workers, which is detrimental to workers and beneficial to employers, as it removes workers from the protection and minimum support of the labor law and they are no longer under the government’s protection.

Regarding the rights of employed immigrants in Iran, this report has expressed concern about the poor working conditions of Afghan workers in Iran and their low wages. It also acknowledges the decrease in women’s participation in the economy and states that only 14.5% of Iranian women are economically active. In addition to these issues, the General Assembly has expressed deep concern about the employment of children as laborers, especially in rural areas and on agricultural lands. This report also mentions the lack of strong legal measures to prevent child labor in Iran, and the Human Rights Council recommends that the government provide access to healthcare and education for all working children. Another issue highlighted in this report as a violation of human rights in the field of employment in Iran is discrimination in hiring. This report condemns the practice of hiring based on race, religion, and membership in political, religious, and ethnic minorities, which is common in Iran.

In the reporting section, which the UN Special Rapporteur has published on March 5, 2018, it is stated that the Special Rapporteur continues to receive reports on restrictions on the formation of unions and associations, as well as gatherings in Iran. Lawyers, human rights defenders, students, and labor unions are still under threat, restrictions, and imprisonment on the pretext of national security violations. In this regard, the Special Rapporteur declares that all restrictions on the formation of independent labor unions must be lifted. Furthermore, the Special Rapporteur confirms that strikes in Iran are heavily suppressed by the government. This is despite the fact that the Iranian government has previously acknowledged that according to the Constitution, the formation of unions and associations and the holding of gatherings are free and by no means a violation of national security. However, unfortunately, the actions of the Iranian government do not reflect this. The Special Rapporteur also emphasizes that he has received reports of harassment, threats, and arrests

In the recent report published on September 27, 2018, the special reporter has once again referred to the freedom of assembly, stating that the Iranian government has suppressed these gatherings in December 2017. The special reporter has also mentioned that a portion of the demands of these gatherings were related to labor and employment issues.

In another report published by the Special Rapporteur on May 26, 2016, the situation of Baha’is in Iran has been mentioned. In paragraph 57 of this report, it is stated that in addition to the mentioned arbitrary arrests and detentions of Baha’is, the authorities of the Islamic Republic prevent Baha’is from employment. The report states that Baha’i-owned shops and businesses are forced to close down, and employers who have Baha’i workers or employees are pressured to dismiss them. On November 15, 2015, the Public Places Administration of Mazandaran province sealed 23 shops in the cities of Sari, Qaemshahr, Tonekabon, and Babolsar, solely because their owners were Baha’is, and prevented them from continuing their economic activities. This is happening while Baha’is voluntarily close their shops during Shia religious holidays in Iran as a sign of respect, and this deprivation of

What is seen in the reports of the UN special rapporteur and also the UPR is generally consistent with the realities of Iranian society today. The system of government in the Islamic Republic has not been faithful to any of the freedoms and rights stated in the constitutional principles related to labor and workers’ rights in Iran. According to Article 27, Iranian citizens have the right to hold demonstrations and gatherings without carrying weapons, and according to Article 26, trade unions are allowed to operate. However, what we see today in dealing with workers like Ismail Bakhshi and unions and associations is completely different, and labor activists who are trying to assert their rights are faced with long imprisonments and charges such as acting against national security and anti-government propaganda. The Constitution of the Islamic Republic also mentioned one of its goals as providing a decent standard of living for Iranian families, so that citizens can also strive for their spiritual and moral growth and not be solely focused on material needs and thoughts. However, what we

Notes:

1. Basic Facts about the UNHCR, the United Nations Human Rights Commission website.

2. Report on the Islamic Republic of Iran, United Nations Human Rights Commission website, October 31, 2014.

3. Special Report of the United Nations on the Human Rights Situation in Iran, March 5, 2018.

4. Special Report of the United Nations on the Human Rights Situation in Iran, September 27, 2018.