E/C.12/1993/7
page 2
replies and clarification provided by the delegation of the State party that,
to some extent, supplemented the information provided in the written report
and permitted the Committee to obtain a clearer picture of the degree of
implementation by the Government of Iran of the provisions of the Covenant.
B.
Positive aspects
3.
The Committee notes that the rate of unemployment, which had risen to
15 per cent as a result of the war with Iraq has, in the four years since the
end of the war, fallen to 10 per cent; that under new labour legislation
annual leave has been increased from 12 to 30 days and that the minimum age
for employment has been raised from 12 to 15 years; that the Ministry of
Labour has established a countrywide network of labour inspectors whose task
is to ensure compliance with Labour regulations and who have the authority to
shut down part or whole of an enterprise in which safety measures are
considered inadequate.
C.
Factors and difficulties impeding the application of the Covenant
4.
The Committee notes that the written report submitted by the Government
of Iran contains no information on the factors and difficulties affecting the
degree of fulfilment of its obligations under the present Covenant as required
by article 17 (2) of the Covenant. However, the Committee observes that
various articles of the Constitution of Iran subject the enjoyment of
universally recognized human rights, including economic, social and cultural
rights, to such restrictions as: "provided it is not against Islam"
(art. 28); "with due regard to Islamic standards" (art. 20); "in conformity
with the Islamic criteria" (art. 20); and "except when it is detrimental to
the fundamental principles of Islam" (art. 24). In that connection the
Committee considers, in the light of the Covenant provisions and of all the
information available to it, that such restrictive clauses negatively affect
the application of the Covenant, in particular its articles 2 (2)
(non-discrimination), article 3 (equality of rights of men and women),
article 6 (right to work), article 12 (right to health), article 13 (right
to education) and article 15 (right to take part in cultural life). It is
apparent that the authorities in Iran are using the religion as a pretext in
order to abuse these rights.
D.
Principal subjects of concern
5.
The Committee regrets that the documentation made available to it by
non-governmental organizations and the report of the Special Rapporteur of the
Commission on Human Rights, Mr. Renaldo Galindo Pohl (E/CN.4/1993/41), confirm
the broad consensus that there has been practically no progress in ensuring
greater respect and protection for rights of the non-Muslim religious
communities in the Islamic Republic of Iran in general, and of the economic,
social and cultural rights of persons belonging to those minority groups in
particular. The Committee draws again the attention to the following concerns