The Constitution, in its 27th article, permits freedom of assembly yet mandates that the assembly
should not be “disruptive to the principles of Islam". There is no clear definition or criteria that
specify what could be considered “Principles of Islam”, and this ambiguity may facilitate
reprisals against strikers. In addition, the law governing the formation and operation of parties in
Iran has made gatherings subject to authorization from the Ministry of Interior. In practice,
Iranian law does not fully protect this right and has no mechanism to guarantee its
implementation in accordance with international standards. The right to call and participate in a
strike is not mentioned anywhere in Iran’s labour laws or the constitution.
There is no independent and impartial monitoring instrument that ensures and promotes the
Right to Freedom of Peaceful Assembly and Association in Iran, as such instruments fall under
the power structures of the State. The Commission of article 10 of the Law of the Formation of
Parties and Associations is in charge of approving or declining request for the formation of
associations and assemblies. Despite the lack of any type of judicial review of decisions taken by
the state to restrict the ability to strike, the Judiciary does have a presence in this Commission
which compromises its independence. As the judiciary has a say in which associations and
assemblies get the approval of this commission, it can’t be considered to be fully independent.
Data is scarce on cases where strikes were interrupted by the government, there are however
NGO reports of workers being arrested after participating in strikes and protesting unpaid
wages.9 Additionally, there are reports of workers who participated in strikes facing continuous
harassment. The most famous case in the last few years is that of Esmail Bakshi and Sepideh
Gholian, labour rights activists who participated previously in strikes and protests and have since
been targeted by the government and security forces who have arrested both activists numerous
times, only to later release them on bail. 10
C. The Committee also calls upon the Islamic Republic of Iran to immediately release
labour rights activists and members of independent trade unions currently serving
prison sentences who acted in conformity with internationally recognized trade
union standards.
Trade unionists and labour rights activists are regularly arrested and detained in the Islamic
Republic of Iran. 11 The Islamic Republic of Iran has not immediately released labour rights
9
https://www.hrw.org/news/2019/01/24/iran-prominent-labor-activist-rearrested and https://en.radiofarda.com/a/iran-unpaidworkers-strike-suicide/29069420.html
10
https://english.alarabiya.net/en/News/middle-east/2019/01/21/Iran-rearrests-labor-protest-leader-Esmail-Bakhshi and
https://en.radiofarda.com/a/prominent-labor-leader-freed-from-iran-prison-on-bail/30244304.html
11
https://www.iranhumanrights.org/2019/12/this-verdict-means-any-protest-will-be-considered-an-act-of-violence/ and
https://www.hrw.org/news/2019/06/28/iran-release-detained-labor-activists and
https://www.amnesty.org/en/latest/news/2019/09/iran-prison-and-flogging-sentences-for-seven-journalists-and-activistsdisgraceful-injustice/
3