Aadel Collection
Report submitted by Mr. Abdelfattah Amor, Special Rapporteur, in accordance with Commission on Human Rights resolution 1995/23
UNITED
NATIONS
E
Economic and Social
Distr.
GENERAL
Council
E/CN.4/1996/95/Add.2
9 February 1996
ENGLISH
Original: FRENCH
COMMISSION ON HUMAN RIGHTS
Fifty-second session
Item 18 of the provisional agenda
IMPLEMENTATION OF THE DECLARATION ON THE ELIMINATION OF ALL FORMS
OF INTOLERANCE AND OF DISCRIMINATION BASED ON RELIGION OR BELIEF
Report submitted by Mr. Abdelfattah Amor, Special Rapporteur, in
accordance with Commission on Human Rights resolution 1995/23
Addendum
Visit by the Special Rapporteur to the Islamic Republic of Iran
CONTENTS
Paragraphs Page
Introduction . . 1 - 4
I. LEGISLATION IN THE FIELD OF TOLERANCE
AND NON-DISCRIMINATION BASED ON
RELIGION OR BELIEF
A. Constitutional provisions and concerns
of the Special Rapporteur
1. Islamic criteria provided for
by the Iranian Constitution . . .
2. Official religion . . .
3. Situation of minorities . .
B. Other legal provisions and concerns of
the Special Rapporteur - Conversion .
3
5 - 22 3
5 - 20 3
5-6 3
7-9 4
10 - 20 4
21 - 22 6
GE.96-10630 (E)
E/CN. 4/1996/95/Add.2
page 2
CONTENTS ( continued)
Paragraphs Page
II. IMPLEMENTATION OF LEGISLATION AND POLICY IN THE
FIELD OF TOLERANCE AND NON-DISCRIMINATION BASED
ON RELIGION OR BELIEF . 23 - 85 7
A. Situation of recognized religious
minorities . 23 - 53 7
1. Non-Muslim minorities 25 - 46 7
2. Sunni Muslim minority 47 - 53 1 1
B. Situation of other non-Muslim minorities . . 54 - 85 12
1. Situation of the Baha'is 55 - 70 13
2. Situation of the Protestants 71 - 85 17
III. CONCLUSIONS AND RECOMMENDATIONS . 86 - 118 20
E/cN. 4/1996/95/Add.2
page 3
Introduction
1. From 15 to 22 December 1995, the Special Rapporteur on the question of
religious intolerance made a visit to the Islamic Republic of Iran under his
terms of reference and at the invitation of the Iranian Government.
2. He went to Tehran (15 to 18 and 20 December), Tabriz (19 December)
and Isfahan (21 December) . He had consultations with representatives of the
authorities and representatives of minorities and with a number of private
individuals. He interviewed the Minister for Foreign Affairs, the Minister
of Justice, the Deputy Minister of Legal and International Affairs in the
Ministry of Foreign Affairs, the Deputy Minister of Education, the Deputy
Minister of Cultural Affairs in the Ministry of Culture and Islamic Guidance,
the Director of the Office of Minority Affairs in the Ministry of Culture and
Islamic Guidance, the President of the Revolutionary Courts in the Ministry
of Justice and the Adviser to the President on Sunni religious affairs.
He also met with religious, social and political representatives of the
Christian, 1/ Jewish, Zoroastrian and Sunni minorities, as well as with
representatives of the Baha'is. He also met the President of the
Parliamentary Human Rights Committee and the Islamic Human Rights Commission.
He spoke in private with Mrs. Batoul Vaferi, Mrs. Maryam Shabazpour and
Mrs. Farahnaz Anami, who were convicted of the murder of pastors and held in
Evin prison. He also visited many places of worship, community centres and
minority schools.
3. The Special Rapporteur would like to thank the Iranian authorities for
having invited him and attaches symbolic importance to this first visit to
Iran as Special Rapporteur on the question of religious intolerance. In this
connection, he welcomes the efforts made by the Government of Iran and its
willingness to cooperate with him during his mission. He is also very
grateful to the various persons with whom he met when preparing and making
the visit.
4. The Special Rapporteur closely studied the current situation with
regard to religious freedom in the Islamic Republic of Iran in the light of
legislation in the field of tolerance and non-discrimination based on religion
or belief, its implementation and current policies.
I. LEGISLATION IN THE FIELD OF TOLERANCE AND NON-DISCRIMINATION
BASED ON RELIGION OR BELIEF
A. Constitutional provisions and concerns of the Special Rapporteur
1. Islamic criteria provided for by the Iranian Constitution
5. According to article 4 of the Constitution, “all civil, criminal,
financial, economic, administrative, cultural, military, political and other
laws and regulations must be based on Islamic criteria. This principle
applies generally to all articles of the Constitution, as well as to the other
laws and regulations, and the fugaha' of the Guardian Council take decisions
in this regard” .
E/CN. 4/1996/95/Add.2
page 4
6. The Special Rapporteur said that he was concerned because there was no
definition of Islamic criteria, on the one hand, or of non-Muslim religious
criteria, on the other. In this connection, the authorities indicated that
reference was being made to the establishment of an Islamic regime based on
the will of the people. They also pointed out that every legal system was a
reflection, even implicitly, of the religious principles of the majority of
the population. With regard to non-Muslim religions, the government
representatives said that it was the duty of the State to guarantee minority
rights, which were protected by the Constitution and by recognition of the
right of each minority to apply religious law to personal and community
affairs. It was stressed that Islam was a religion of tolerance. As to the
lack of a constitutional definition of Islamic criteria, it was explained that
the Constitution established a framework and the laws defined the principles
contained therein. The authorities admitted that greater precision should be
achieved through legislation.
2. Official religion
7. According to article 12 of the Constitution, “The official religion of
Iran is Islam and the doctrine, that of the Twelver Ja'fari school [ in usUl
al-Din and figh ] , and this principle will remain eternally immutable. Other
Islamic schools, including the Hanafi, Sh fi'i, Mfliki, Hanbali, and Zaydi,
are to be accorded full respect, and their followers are free to act in
accordance with their own jurisprudence in performing their religious rites.
These schools enjoy official status in matters pertaining to religious
education, affairs of personal status (marriage, divorce, inheritance, and
wills) and related litigation in courts of law. In regions of the country
where Muslims following any one of these schools of figh constitute the
majority, local regulations, within the bounds of the jurisdiction of local
councils, are to be in accordance with the respective school of figh , without
infringing upon the rights of the followers of other schools.”
8. Stressing that the concept of a State religion is not in itself contrary
to human rights, the Special Rapporteur explained that that fact must not be
exploited at the expense of the rights of other religions. He noted that
there was no reference to the Ismaili Shiites and the Ahl-e-Hagh Muslim
community in western Iran.
9. The authorities indicated that the Constitution was not a catalogue of
religions and that recognition of the special status of some religions and
religious communities must not be interpreted as discrimination against
others.
3. Situation of minorities
10. According to article 13 of the Constitution, “Zoroastrian, Jewish and
Christian Iranians are the only religious minorities who, within the limits of
the law, are free to perform their religious rites and ceremonies and to act
according to their own canon in matters of personal affairs and religious
education”.
E/cN. 4/1996/95/Add.2
page 5
11. In accordance with article 14 of the Constitution, “The Government of the
Islamic Republic of Iran and all Muslims are duty bound to treat non-Muslims
in conformity with equitable norms and the principles of Islamic justice and
equity and to respect their human rights. This principle applies to all who
refrain from engaging in conspiracy or activity against Islam and the Islamic
Republic of Iran.”
12. Article 26 of the Constitution provides that: “The formation of parties,
societies, political or professional associations, as well as religious
societies, whether Islamic or pertaining to one of the recognized religious
minorities, is permitted, provided the they do not violate the principles of
independence, freedom and national unity, the criteria of Islam or the basis
of the Islamic Republic. No one may be prevented from participating in the
aforementioned groups or be compelled to participate in them.”
13. According to article 64 of the Constitution, “There are to be 270 members
of the National Consultative Assembly. After every 10 years, in case of an
increase in the country's population, representatives will be added to each
constituency at the rate of 1 per 150,000 additional persons. The
Zoroastrians and Jews will each elect one representative; Assyrian and
Chaldean Christians will jointly elect one representative; and Armenian
Christians in the north and those in the south of the country will each elect
one representative. If the population of these minorities increases, after
every 10 years, they will be given additional representation at the rate
of 1 per 150,000. Regulations concerning elections will be determined by
law.”
14. Article 67 of the Constitution relating to the oath taken by members of
the National Consultative Assembly provides that the representatives of
religious minorities swear on their own holy books.
15. According to article 144 of the Constitution, “The Army of the Islamic
Republic of Iran must be an Islamic army, i.e. committed to Islamic ideology
and the people, and must recruit into its service individuals who have faith
in the objectives of the Islamic Revolution and are devoted to the cause of
achieving its goals.” Article 163 of the Constitution also provides that “The
conditions and qualifications to be fulfilled by a judge will be determined by
law in accordance with the criteria of figh . “
16. In reply to the Special Rapporteur's requests for information about
minority rights, the authorities drew attention to the recognized rights of
minorities provided for in article 13 of the Constitution, especially the
right to worship, religious education and family traditions, as well as the
right to representation in Parliament (arts. 64 and 67 of the Constitution)
and the free exercise of their cultural, social and religious activities
within the framework defined by the State. The authorities often used the
term “privilege” in referring to minorities, particularly their representation
in Parliament even though they are fewer in number than required by the
Constitution. In reply to the Special Rapporteur's requests for explanations
about the use of the term “privilege”, the authorities said that they meant
recognized rights of minorities.
E/CN. 4/1996/95/Add.2
page 6
17. With regard to the access of members of recognized minorities to the army
and the judiciary, the Minister for Foreign Affairs said that, for political
and national reasons and in order to be sure of the loyalty of their
officials, all countries had special requirements for access to posts in the
army and intelligence services. Other government officials said that there
was no discrimination against minorities in respect of access to the civil
service.
18. In reply to the Special Rapporteur's concerns about the restrictive
recognition of the three minorities referred to in article 13 of the
Constitution and the lack of official recognition of the Baha'is, in
particular, it was stated that the privileges granted to the recognized
minorities could not be extended to all. It was also recalled that a lack of
recognition did not mean an absence of rights or the existence of a
prohibition or discrimination.
19. It was stated that, as Iranian citizens, non-Muslims who did not belong
to recognized minorities enjoyed the same rights as any other citizen, as
stipulated, in particular, in article 14, article 22 (“The dignity, life,
property, rights, residence and occupation of individuals are inviolable,
except in cases provided for by law”) and article 23 (“The investigation of
opinions is prohibited and no one may be attacked or reprimanded for his
opinions”) of the Constitution.
20. It was pointed out that the Baha'is are not a religious minority, but a
political organization which was associated with the Shah's regime, is against
the Iranian Revolution and engages in espionage activities. It was
nevertheless stated that, as individuals, all Baha'is, were entitled to their
beliefs.
B. Other legal provisions and concerns of the Special Rapporteur
Conversion
21. With regard to recognition of the right to change religion, the
government representatives said that article 18 of the Universal Declaration
of Human Rights expressly recognized conversion, that the Islamic countries
had expressed reservations about it and that article 18 of the International
Covenant on Civil and Political Rights did not refer to conversion. It was
stated that, under the Civil Code, conversion was not a crime and that no one
had been punished for converting, as shown by the case of Pastor Dibaj, a
converted Muslim who was sentenced to death for apostasy, but whose sentence
was reviewed.
22. As to conversion, the Special Rapporteur draws attention to general
comment 22 (48), on “freedom ‘to have or to adopt' a religion or belief”,
which was drawn up by the Human Rights Committee on 20 July 1993. The full
text of the comment is contained in chapter III on “Conclusions and
recommendations” (para. 92) .
E/cN. 4/1996/95/Add.2
page 7
II. IMPLEMENTATION OF LEGISLATION AND POLICY IN THE
FIELD OF TOLERANCE AND NON-DISCRIMINATION
BASED ON RELIGION OR BELIEF
A. Situation of recognized religious minorities
23. The Special Rapporteur focused on the situation of the non-Muslim
minorities recognized in article 13 of the Constitution, i.e. Zoroastrians,
Jews and Christians, and on that of the Sunni Muslim minority.
24. As far as Christians are concerned, the Special Rapporteur deals
specifically with Protestants, a recognized minority, in section B of this
chapter entitled “Situation of other non-Muslim minorities” (paras. 71 to 85
below) , since the situation of this community is basically quite different
from that of the other recognized minorities.
1. Non-Muslim minorities
25. In his analysis, the Special Rapporteur combined the information on the
Zoroastrian, Jewish, Assyro-Chaldean and Armenian minorities, while taking
care to reflect the specific concerns of each one. During his visit, he tried
to obtain facts and figures on these minorities from their representatives and
the authorities, particularly the Office of Minority Affairs in the Ministry
of Culture and Islamic Guidance.
Minorities
Information from
representatives of
minorities
Information from the
Office of Minority
Affairs
Zoroastrians
Jews
Assyro-Chaldeans
Armenians
about 60 000
30 000 to 40 000 (before
the revolution, 70 000)
40 000 - 50 000
about 200 000 (15 years
ago)
33 000 to 34 000
20 000 to 25 000
about 17 000
about 100 000
26. The figures provided by minority representatives and the authorities are
quite different, probably because the minorities use figures prepared before
the revolution, while the authorities appear to refer to official numerical
representation at the present time. The difference reflects the departure of
large numbers of members of minorities for other countries. The minority
representatives associate this emigration with, inter alia , the Iran-Iraq war
and the difficult economic situation. While many representatives do not deny
that departures took place as a result of the Iranian revolution and the
establishment of an Islamic State, they stress that pressure was not exerted
directly by the regime, but, rather, by foreign countries which perceived the
revolution negatively, particularly with regard to the minorities, and urged
them to leave Iran.
E/CN. 4/1996/95/Add.2
page 8
27. The authorities recognized that there were many departures by members of
minorities and by Muslims. It was stated that the situation was not the
result of government pressure, but of voluntary departures by anyone who
considered that his education and values could not be adapted to the
principles of the revolution, including the establishment of a dress code for
women. The situation thus did not affect minorities only.
28. According to unofficial information, minorities and non-Muslim
communities (including the Baha'is) account for about 1 per cent of a
population composed of a majority of Muslims (about 89 per cent Shiites and
10 per cent Sunni) .
(a) In the religious field
(i) Religious practice and conduct of religious affairs
29. Minority religious, political and social representatives stated that they
were not subjected to any interference by the authorities in their internal
religious activities, which could be exercised freely, particularly with
regard to worship and religious traditions and the management of the affairs
of religious institutions.
30. Except for the Zoroastrians, who are composed ethnically of Persians
using the Persian language, minority representatives said that the use of the
Persian language during religious services could not be regarded as an option
because, according to their religious tradition, the language used during
religious services must be that of their community (Hebrew, Aramaean,
Armenian) or, in more general terms, their original ethnic group. In that
connection, the Deputy Minister of Cultural Affairs in the Ministry of Culture
and Islamic Guidance said that those minorities wanted to use their own
language for religious services and that they had been granted that right by
the authorities, who would have no objection to the use of Persian if the
minorities requested it.
31. In connection with proselytism and conversion, the minority
representatives explained that Islam, as interpreted by the Iranian
Government, did not allow the proselytism and conversion of a Muslim to
another religion and that they themselves (Jewish, Assyro-Chaldean and
Armenian minorities) did not engage in those practices and did not want them,
since their communities were specific religious and ethnic minorities and
their own religious institutions were working to preserve their cultural and
religious identities and, thus, their maintenance as Jewish, Assyro-Chaldean
and Armenian communities. The minorities also said that they were not
subjected to proselytism and attempts to convert them to Islam.
(ii) Religious instruction
32. The minority representatives said that the teaching of their religion was
guaranteed and respected in public schools (or outside school hours when there
were not enough minority children for a religious instruction class) and in
minority schools. They stressed that no Muslim religious instruction was
imposed on them and that their own religious education was compulsory and
given a mark in the school report card. Religious instruction was given by
E/cN. 4/1996/95/Add.2
page 9
minority teachers (national education teachers or persons paid by the
minorities) on the basis of textbooks prepared and funded by the Ministry of
Education in cooperation with the minorities. The textbooks relate to the
teaching of the religion of the minority in question and also contain
information on other religions and their common principles. The
Assyro-Chaldeans said that they would like to be more involved in the
preparation of textbooks containing information common to all religions.
(iii) Religious publications
33. The minority representatives explained that all publications, no matter
who the authors were, were submitted to the authorities for verification and
authorization. While recognizing that this procedure did not apply only to
them, they expressed regret about its cost, which resulted from the need to
translate publications originally written in their minority language into
Persian and the amount of time required to obtain official approval. The
Government representatives said that this procedure applies to all Iranian
citizens and was intended primarily to guarantee respect for religions and to
prevent any attempts to undermine religious values. The authorities also
recalled that the Government could contribute financially to the publication
of religious books.
(iv) Places of worship
34. The minority representatives said that they had enough places of worship
and that they could renovate them and build new ones. Places of worship are
financed by the communities concerned. However, when these places of worship
were classified as historical monuments, the State provided financial
assistance for their maintenance or renovation, as in the case of the yank
Armenian Church in Isfahan and the Zoroastrian temples of fire in Yazd.
35. The minorities said that places of worship had been closed not as a
result of pressure from the authorities, but because there were not enough
worshippers in some villages or regions owing to the departure of minorities.
With regard to access to the places of worship of converted Muslims, the
minorities reaffirmed their position on proselytism and conversion (“Religious
practice and conduct of religious affairs”, paras. 29 to 31 above).
(b) In the political field
36. The minority representatives confirmed that they had representatives in
Parliament in accordance with article 64 of the Constitution. The Minister
for Foreign Affairs pointed out that these minorities had representatives,
even though they did not all comply with the requirement laid down by the
Constitution, namely, one representative for every 150,000 persons. In this
connection, the authorities consider that the rights of non-Muslims in Iran
are greater than those of Muslims in other countries, particularly European
countries. The Armenian minority said that it was able to carry out community
political activities such as the commemoration of the 1915 Armenian genocide,
which is celebrated on 24 April every year by authorized street demonstrations
involving 50,000 persons or more.
E/CN. 4/1996/95/Add.2
page 10
(c) In the socio-cultural field
37. The minority representatives explained that, according to the
Constitution, the Government recognized their right to apply their religious
law in respect of their personal affairs (marriage, inheritance, etc.) and
their community affairs. It was stated that, in some cases and in some
situations, it had had to be decided whether it was appropriate or lawful for
the Shari'a to be applied to non-Muslims, for example, when rulings by public
courts conflicted with a minority's religious law. In some cases, the
Guardian Council had ruled in the minority's favour.
38. The Islamic principles established by the Iranian Government in
connection, inter alia , with the Islamic dress code, the separation of the
sexes for sports activities and the prohibition on alcohol consumption apply
to minorities in public life. According to their traditions and values,
however, minorities are exempt from these principles in private life,
including the home and community centres. This explains why the authorities
prohibit access to community centres by Muslims (who have to obey the
above-mentioned principles) , except on special occasions, such as sporting
events.
39. As far as socio-cultural activities are concerned, minorities have
community centres and cultural (newspapers, for example) , social, sports and
charitable associations (retirement homes, hospitals) , which they finance
themselves. The Deputy Minister of Cultural Affairs in the Ministry of
Culture and Islamic Guidance stated that these activities were carried out
unrestrictedly within the framework defined by the State. Particular
attention was drawn to the active participation of minorities in the cultural
field (painting, cinema, music, theatre) and their key contribution to the
Iranian heritage (places of worship classified as historical monuments) . The
authorities also encourage publications, films and radio and television
programmes on minorities and their culture and religion in connection with
work done by Muslims and non-Muslims.
40. The comments made by the authorities and minorities on religious
publications (para. 33) also apply to publications in general. Minorities
sometimes have problems when the content of their publications, including
those of a historical nature, relates to sensitive issues such as the
conversion of Muslims to another religion.
(d) In the field of education
41. Minority children can choose between public schools and minority schools
supervised by the Ministry of Education, which draws up curricula and finances
national education staff and school textbooks, including religious instruction
textbooks. Minorities, which are the legal owners of the buildings, finance
the maintenance of premises and take part in the purchase and maintenance of
school equipment through private donations and donations from parents and
religious institutions.
42. The Islamic criteria relating to the dress code and the separation of the
sexes are applicable, but this causes the minorities a serious problem because
these schools belong to them in principle. The Jewish minority wanted the
E/cN. 4/1996/95/Add.2
page 11
Sabbath to be observed in its schools, with parliamentary approval, despite
the objections of experts from the Ministry of Education. Apart from some
cases observed during the visit, the directors of these schools have to be
Muslim, contrary to the wishes of the minorities, who do not, however, object
to the presence of non-minority teachers. All these problems have given rise
to discussions between minorities and authorities and raise the question
whether such schools should be public or private, as the minorities would
like.
43. With regard to universities, no information referred to problems of
access for minority students or teachers. Applicants to universities are
tested on their religious knowledge. There is a chair of Armenian studies at
the University of Isfahan.
(e) In the professional field
44. In addition to lack of access to government posts, minorities do not have
professional access to the army and the judiciary (administration) 2/ and
are limited in their career development to the rest of the administration,
save in exceptional cases. In the private sector, minorities do not seem to
have any problems, except in specific and personal cases not connected with
the authorities. However, non-Muslim owners of grocery shops are required to
indicate their religious affiliation on the front of their shops.
(f) Other fields
45. In the field of justice, especially at the lower levels of public courts,
minority plaintiffs are usually discriminated against by judges, who treat
them as members of a minority and not as Iranian citizens, applying their
brand of Islam and taking decisions that are very often in favour of Muslims.
46. In referring to the question of non-Muslim minorities, the minority
representatives stressed the following fact: they do not want their situation
to be used against them and manipulated by other countries for reasons that
have nothing to do with them, such as political strategies against Iran. They
emphasized the importance and usefulness of the dialogue between minorities
and authorities as a way of reaching short-term, medium-term and long-term
agreements, compromises and solutions. They also requested that their
situation should be dealt with objectively at the international level.
2. Sunni Muslim minority
47. The Special Rapporteur was unable to obtain official figures on the
numerical size of the Sunni minority. The Sunni representatives estimate that
they represent about 10 per cent of the Iranian population.
(a) In the religious field
48. The Sunni representatives said that they were not subjected to any
interference in the form of restrictions by the authorities of their religious
activities. They drew attention to their status as a legally recognized
E/CN. 4/1996/95/Add.2
page 12
minority and to the rights deriving from such recognition, as provided for in
article 13 of the Constitution, in particular, freedom to organize worship
according to their laws, religious teachings and customs.
49. The Sunni representatives said that their religious instruction is
specifically suited to their beliefs and that information on other religions
was also provided. The Deputy Minister of Education said that Sunni teachers
took part in the preparation of religious textbooks.
50. With regard to places of worship, the Special Rapporteur was informed
that there was no Sunni mosque in Tehran, even though the Sunni community
would like to finance the construction of its own place of worship. As a
result of that situation, Sunni worshippers now go to a Pakistani school and a
Saudi club in Tehran for prayers. The Deputy Minister of Justice recalled
that, according to Islam, any Muslim could pray in any Muslim place of
worship, whether he was Shiite, Sunni or of another denomination. The Deputy
Minister of Legal and International Affairs said that there was no legal
prohibition on the construction of Sunni places of worship, that the Sunni
community was few in number in Tehran and that it had no difficulty in praying
in Shiite mosques.
51. Referring to information that a Sunni place of worship had allegedly been
destroyed in Mashhad as part of an urban development programme, the Sunni
representatives and the authorities indicated that a discussion had been held
to determine whether it had been a mosque or a caravanserai. It finally
turned out that there had been no mosque, but that there were plans to build
one. The authorities also offered some land for the construction of a Sunni
mosque. The Government representatives said that Shiite and Sunni mosques in
Iran had been destroyed for the good of the population as part of urban
development plans and that the Sunni community had many mosques in Iran.
52. The Adviser to the President on Sunni religious affairs emphasized that
there was no religious conflict between Shiites and Sunnis and said that there
were sometimes problems of smuggling and terrorism on Iran's borders. He drew
attention to the presence of ultra-fanatic Sunnis, a problem that affected all
religions. He also said that there were no suspicions against the Sunnis,
especially because of their loyalty to the regime. The official
representatives said that they did not want the Sunni question to be used for
political purposes against Iran.
(b) Other fields
53. The Sunni representatives said that they did not encounter any obstacles
by the authorities in the political, socio-cultural, educational, professional
or other fields.
B. Situation of other non-Muslim minorities
54. The Special Rapporteur has given attention to the situation of both the
Baha'is and the Protestants.
E/cN. 4/1996/95/Add.2
page 13
1. Situation of the Baha'is
55. The Special Rapporteur has no official figures concerning the size of the
Baha'i community. Baha'i representatives and other non-governmental bodies
estimate the number of Baha'is in Iran at 300,000, which, numerically, makes
them the largest minority in Iran.
(a) In the religious field
(i) Recognition of religious minority status
56. The authorities stated that they do not recognize the Baha'is as a
religious minority. The Baha'i organization has been defined as a political
sect historically linked to the Shah's regime and, hence, as
counter-revolutionary and characterized by its espionage activities for the
benefit of foreign entities, particularly Israel. During his various
interviews, the Special Rapporteur noted an almost instinctive rejection with
regard to the Baha'i community.
57. The authorities indicated that only the religious dignitaries could
decide on the possibility of granting religious minority status to the
Baha'is. Moreover, the privileges granted to recognized religious minorities
could not be extended to all. However, non-recognition of that status did not
signify deprivation of rights. In that regard, with the exception of the
Baha'i organization as defined above, the authorities pointed out that every
Baha'i benefited from all the recognized rights of Iranian citizens,
particularly the right to freedom of belief, and, according to the
Constitution, no one could be attacked or reprimanded for his opinions and the
rights of citizens must be protected regardless of their ideas and
convictions. The Baha'i representatives refuted the accusations directed
against their organization. They pointed out that, according to the
fundamental principles of their religion, Baha'is should show loyalty and
obedience to their Government and should refrain from any political
involvement. The Baha'is indicated that the accusations of espionage in
favour of zionism were based solely on the fact that the Baha'i World Centre
was in Israel. They pointed out that this centre was established on
Mount Carmel in the last century, before the establishment of the State of
Israel, in accordance with the explicit instructions of Baha'ullah, the
founder of the Baha'i faith, who had lived there in exile after being banished
from Persia. The Baha'i representatives emphasized their strict commitment to
a religious belief - the Baha'i faith - and the fact that they constituted a
religious minority.
(ii) Religious activities
58. With regard to the information from governmental sources concerning
respect for the rights of Baha'i citizens and, in particular, freedom of
belief, the Baha'i representatives and other members of non-governmental
bodies emphasized that the Baha'i community was being subjected to a policy of
repression: in particular, they had an official document, issued by the
Supreme Cultural Council of the Revolution, setting forth the directives
E/CN. 4/1996/95/Add.2
page 14
concerning the Baha'i question, including the stipulation that “the measures
taken by the Government against the Baha'is should be designed to obstruct
their evolution and development” .
59. In the religious field, the Baha'i representatives and other non-official
persons noted that the right to profess and practise the Baha'i faith had been
denied. Since 1983, the Baha'i organization had apparently been prohibited by
the Government, as a result of which the Baha'is had been denied the right to
meet and to elect and operate administrative institutions. Since, by virtue
of its fundamental principles, the Baha'i faith had no clergy, the very
existence of the Baha'is as a viable religious community was apparently being
threatened in the absence of those institutions. According to the same
sources, the authorities had also confiscated Baha'i communal property,
particularly since 1979, and Baha'i holy places had been desecrated and, in
numerous cases, destroyed.
60. According to the same sources, the Baha'i cemeteries had been bulldozed
and their tombs ransacked. However, the President of the Islamic Commission
on Human Rights stated that this information was false and erroneous. He
indicated that, in some cases, cemeteries had been demolished for health
reasons and this applied to both Baha'i and Muslim tombs. In his view, those
rumours were politically motivated. The Baha'i community was apparently also
having difficulty in burying its dead and identifying the location of tombs.
It was allowed to use only waste ground for burials and was forbidden to erect
inscribed gravestones. The Baha'i representatives also said that pressure was
being brought to bear on them with a view to securing their conversion to
Islam by depriving them of freedom, of means of subsistence, of their personal
property and of the possibility of studying at universities.
(b) In the socio-cultural field
61. Being denied the status of a recognized religious minority, the Baha'is
cannot enjoy the rights associated with that recognition such as, in
particular, political representation and the application of their religious
law in their personal affairs and in those of their community. In response to
the authorities' affirmations concerning the rights of the Baha'is as Iranian
citizens (see above, paras. 10 to 20, “Minorities” and paras. 28 to 32, “In
the religious field”), the Baha'i representatives drew attention to the policy
of repression to which they were being subjected, including the ban on their
organization and the confiscation of their property: all the community's
property, and particularly the property of the Baha'i social institutions
serving the members of all religions, had allegedly been expropriated by the
State.
62. Personal property, including residential premises, of the Baha'i
community has also allegedly been confiscated. Baha'i marriages and divorces
are not legally recognized and their right of succession is not respected.
With regard to freedom of movement, including departure from the country and
the issue of passports or exit visas, all Baha'is without exception face major
obstacles. It should be noted that the religious affiliation must be
specified on the passport application form.
E/cN. 4/1996/95/Add.2
page 15
(c) In the educational field
63. The Deputy Minister of Education said that respect for the law and
involvement in wholesome activities were the only conditions for access to
university education. He indicated that access by the Baha'is to higher
education should not pose a problem provided that the Baha'is did not flaunt
their beliefs in educational institutions. The Baha'i representatives
emphasized that, since 1980, young Baha'is had been systematically excluded
from higher educational institutions. Erosion of the standard of education
was seriously affecting the Baha'i community. The directives of the Supreme
Cultural Council of the Revolution concerning the level of education were
quoted: “They can enrol in schools provided that they do not declare their
Baha'i identity. Preferably, they should enrol in schools with a strong and
impressive religious ideology. They should be expelled from the universities,
either at the time of the admission procedure or during their studies, as soon
as it becomes apparent that they are Baha'is”. The Baha'i representatives
indicated that, in accordance with the fundamental principles of their faith,
they did not engage in proselytism, but, if questioned, would acknowledge
their religious affiliation and could give explanations concerning their
faith.
(d) In the professional field
64. The Baha'is who were interviewed said that they were strongly
discriminated against in the field of employment. Baha'is had no access to
posts in the administration unless they converted to Islam. Their candidature
would be rejected as soon as they filled in the questionnaire in which
religious affiliation had to be specified. Moreover, in the early 1980s,
about 10,000 Baha'is had apparently been dismissed from their posts in the
administration and in the teaching profession because of their religious
faith. Many had remained jobless and without unemployment benefits. Pensions
were no longer paid to Baha'is who had been dismissed for religious reasons.
Some who had been dismissed from their posts had even been required to
reimburse the salaries or pensions received. A circular from the Ministry of
Labour and Social Affairs (No. 20361, dated 16/9/1360 A.H.) stipulated that:
“The penalty incurred by those who belong to any of the misguided sects
recognized by all Muslims as heretical deviations from Islam, or to
organizations whose doctrine and constitution are based on rejection of the
divinely-revealed religions, shall be permanent dismissal from public
office . . . and also from organizations that can be classed as governmental
associations or offices .
65. In the private sector, the Baha'is were also seriously affected. In the
early 1980s, the licences of Baha'i tradesmen had been withdrawn and the
assets of enterprises managed by Baha'is had been confiscated. The
confiscation of personal property applied not only to businesses and
enterprises, but also to agricultural property. Pressure had also been
exerted in the private sector with a view to securing the dismissal of Baha'i
employees and also against Baha'i agricultural workers. The Baha'i community
was therefore in a state of economic and material insecurity.
66. The authorities indicated that no obstacle was placed in the way of
Baha'is in the professional field and any penalty was motivated by illegal
E/CN. 4/1996/95/Add.2
page 16
activities, such as espionage. Moreover, all access to public office was
conditional on the fulfilment of certain criteria, such as loyalty to the
regime.
(e) In the field of justice
67. The Baha'i representatives mentioned the highly negative attitude of
judicial bodies towards the Baha'is. In fact, apart from some exceptional
cases, the judiciary would never respond positively to complaints lodged by
Baha'is. The courts, presupposing the Baha'is to be involved in espionage
activities, would infer that the Baha'is had no recognized rights. The
Penal Code also denied the Baha'is any rights. For the last three years, the
Baha'is had nevertheless been entitled to avail themselves of the services of
a lawyer. However, according to the Baha'is, lawyers were subjected to
pressures and threats to induce them to refuse any Baha'i client. In the case
of Baha'i prisoners, requests by defence counsel for files were normally
rejected and the texts of sentences were not communicated.
68. The Ministry of Justice said that no discriminatory treatment had been
reported in the judicial sector. It indicated that no judge had the right to
reject a complaint and justice was administered in accordance with the legally
prescribed rules (particularly respect for the right of defence and the
possibility of appealing and being granted a pardon).
(f) Security of person
69. The Baha'i representatives said that, since 1979, 201 Baha'is had been
assassinated and 15 others had been reported missing, presumed dead. From
January 1990 to June 1993, 43 Baha'is had been arrested and sentenced to
various terms of imprisonment because of their beliefs. Seven Baha'is were
currently detained and two of these had been sentenced to death (the cases of
Mr. Kayvan Khalajabadi and Mr. Bihnam Mithaqi, as mentioned in the
communication of 18 August 1994 from the Special Rapporteur E/CN.4/1995/91,
para. 64) . During his visit, the Special Rapporteur had asked to see those
two persons. This request was not met. However, the Baha'i representatives
emphasized that, during the last six years, the number of Baha'is arrested
because of their religious faith had declined and the executions had
apparently been halted.
70. The Ministry of Justice explained that persons were convicted and
detained because of offences (criminal acts of espionage, etc.) and not
because of their beliefs. It pointed out that freedom of belief was
recognized, including freedom to adopt the religion of one's personal choice,
and no attack on other faiths in the name of religion was authorized. The
authorities indicated that the fact of belonging to the Baha'i community did
not entail loss of the rights to which every Iranian citizen was entitled.
They also said that they had had to combat small extremist groups that had
already existed before the Revolution and whose aim was to eliminate the
Baha' is.
E/cN. 4/1996/95/Add.2
page 17
2. Situation of the Protestants
(a) In the religious field
(i) Recognition of Protestant religious associations
71. According to the information received, the situation of the Protestant
religious associations in respect of official recognition varies. Some
associations, particularly those with an ethnic component and name (Armenian
or Assyrian) , are legally recognized, while those without any ethnic
distinction, combining Armenians, Assyro-Chaldeans, Jews, Baha'is and Muslim
converts, sometimes face difficulties in obtaining legal recognition of their
existence. For example, the Universal Church has not been recognized since
the Revolution. These obstacles seem to be linked to the fact that those
churches are of an international nature and, in general, are not restricted to
a specific ethnic group seeking to preserve its identity. On the contrary,
those Protestant associations go beyond the ethnic framework in order to
attract all components of society, including Muslims who might convert and
join those associations. The representatives of those churches hope that the
authorities will rehabilitate their associations.
(ii) Religious activities and places of worship
72. The situation of the Protestants was mentioned by the authorities as an
example of the situation of the Christians as a recognized minority which
enjoys the rights and even privileges associated with that status and which
are not subject to any restrictions other than those provided for by law.
73. The Protestant representatives said that their religious activities were
subject to restrictions. With regard to religious publications, including the
Bible, they pointed out that the Bible Society of Iran had been closed since
February 1990 and the Garden of Evangelism had been in a similar situation
since July 1989. They emphasized that the number of Bibles available was
inadequate for their congregations and that restrictions were placed on all
religious publications. The sale of Bibles was prohibited and 20,000 copies
of the New Testament in Persian which had been confiscated in September 1991
had not been returned. With regard to places of worship, attention was also
drawn to the closure of the temples of Mashhad (1988) , Sari (1988) ,
Kermanshah and Ahwaz (1988) , Kerman (1992) and Gorgan (1992) . Moreover, only
one weekly religious ceremony was authorized at the temple at Orumiyeh.
74. The congregations, and particularly the Muslim converts, were subjected
to pressure and close surveillance with a view to inducing them to abandon
their religious activities, including even simple religious practices inside
their temples. Furthermore, Protestant ministers had been under pressure from
the authorities no longer to conduct services in Persian and no longer to
allow Muslim converts to take part. However, during discussions with the
authorities, Protestant representatives explained the reasons why they could
not agree to do that. The St. Peter Qauom-ol-Saltaneh Church in Tehran, the
Central Assembly of God Church in Tehran and the Assembly of God Church in
Rasht were allowed to conduct services in Persian. The churches with an
ethnic name and component (Armenian and Assyrian) officiate in the language of
E/CN. 4/1996/95/Add.2
page 18
the community concerned. The other churches, outside Tehran, are being
pressured not to use the Persian language and not to accept Muslim converts.
75. According to non-governmental sources, the proportion of Muslim converts,
amounting to at least 15,000 persons in the Protestant communities, although
constituting a phenomenon of long standing, is increasing, but in a
clandestine way. As a general rule, in the light of their interpretation of
Islam, the authorities prohibit all forms of proselytism and conversion of a
Muslim to another religion, and this explains the limitations placed on the
religious activities of the Protestant churches and the closure or
restrictions to which some places of worship have been subjected.
76. With regard to church property, in some cases, such as that of the
Universal Church, the authorities had confiscated property (apartments,
hospitals, institutes for the blind, schools and student hostels) since the
Revolution and had frozen bank assets.
77. However, the Protestant representatives stressed that the authorities had
begun to improve the situation in some respects, especially since the murder
of the Protestant pastors Dibaj, Hovsepian and Michaelian. In particular, the
restrictions on travel outside Iran had apparently been lifted for several
Protestant pastors.
(b) In other fields
78. In addition to the above-mentioned specific situations of Protestants in
the religious field, the latter are also facing the situations reported in the
case of the recognized religious minorities, particularly in the educational,
professional and judicial fields.
(c) Security of person
79. During his visit, the Special Rapporteur noted the traumatism caused to
the Christian and Protestant communities by the murder of three Protestant
pastors in 1994: the Rev. Tatavous Michaelian, Acting President of the
Council of Protestant Churches of Iran; the Rev. Mehdi Dibaj, Minister of the
Church of the Assemblies of God; and the Rev. Haik Hovsepian Mehr, President
of the Council of Evangelical Ministers of Iran and Secretary-General of the
Church of the Assemblies of God (see the urgent appeal of 3 August 1994 and
the communication of 18 August 1994 addressed to the Iranian authorities by
the Special Rapporteur in his preceding report E/CN.4/1995/91, paras. 63-65) .
80. The Special Rapporteur was able to speak freely for almost five hours at
Evin prison with the three persons charged with murder or aiding and abetting
in murder: Farahnaz Ariami, Batoul Vaferi Kalateh and Maryam Shahbazpoor.
These persons, who were interviewed separately, said that they belonged to the
Mojahedin organization and were responsible for the murder of pastor
Michaelian, which that organization had ordered with a view to striking a blow
at the Iranian State, which the international community would condemn as being
responsible for those murders. They also indicated that the murders of
pastors Dibaj and Hovsepian had been committed by another unit of the
Moj ahedin organization.
E/cN. 4/1996/95/Add.2
page 19
81. The authorities that acknowledged the severe traumatism caused by the
murders of the Protestant pastors expressed regret and referred to the
measures that had been taken to protect Christian ministers of religion. They
drew attention to the investigation that had been undertaken concerning those
murders and to the subsequent arrest and trial of the persons responsible, who
had been sentenced to terms of imprisonment. They emphasized the
responsibility of the Mojahedin organization, inter alia , for the
assassination of pastors and for the bomb attack on the Mashhad mosque. They
regarded those acts as a carefully planned conspiracy against the Iranian
State and an attempt to stir up discord and antagonism between the ethnic and
religious communities.
82. The Minister for Foreign Affairs emphasized the fact that, in the absence
of proof, the international community should not hold Iran responsible and, in
particular, should not condemn it, for those murders. He expressed
astonishment at the extent of the international reaction to the murders of the
three pastors in contrast to the attitude adopted towards the far more
numerous murders of Muslim religious dignitaries after the Revolution.
83. Some members of non-governmental bodies thought that the Iranian State,
acting through various groups or persons, had ordered the murders of the
Protestant pastors. They pointed out that Rev. Dibaj had been imprisoned
since 1986; that an Islamic revolutionary court at Sari had sentenced him to
death on 21 December 1993 for apostasy following his conversion to
Christianity long ago in 1949; that the court had allowed a period of 20 days'
grace for an appeal against its decision; and that Rev. Dibaj had been
released under pressure from the international community that had been alerted
by Rev. Hovsepian, on 13 January 1994, even though the accusations against him
had not been withdrawn. Concerning Rev. Hovsepian, it was pointed out that he
was abducted six days after the release of Rev. Dibaj and that he had publicly
expressed his opposition to the death penalty to which the latter had been
sentenced. Rev. Michaelian had subsequently assumed the presidency ad interim
of the Council of Protestant Churches of Iran, which was the body responsible
for a community consisting partly of Muslim converts whose number was
increasing.
84. According to the information received, the Iranian Government had
apparently decided to execute those Protestant leaders in order not only to
bring the Mojahedin organization into disrepute abroad by declaring it
responsible for those crimes, but also, at the domestic level, partly to
decapitate the Protestant community and force it to discontinue the conversion
of Muslims, which was regarded as apostasy and was therefore prohibited
according to the Government's interpretation of Islam. It was apparently felt
that those conversions weakened Islam and, hence, the Islamic Republic of
Iran; that would explain the restrictions imposed in the religious field, as
well as the executions of the leaders of the Protestant community. In
particular, pastor Dibaj and his colleagues had apparently been executed in
order not to encourage the Protestant community, through the release of
pastor Dibaj, to continue its conversion activities.
85. Members of non-governmental bodies also regarded the trial of the three
women accused of the murders as a travesty of justice and indicated that those
women had repentantly dissociated themselves from the Mojahedin organization;
E/CN. 4/1996/95/Add.2
page 20
some even went so far as to say that those women were also agents of the State
who had sacrificed themselves in the latter's interests or to whom the penalty
imposed would not actually be applied or would not be of long duration.
III. CONCLUSIONS AND RECOMMENDATIONS
86. The Special Rapporteur has considered not only the legislation in the
field of tolerance and non-discrimination based on religion or belief, etc.
(see chap. I of this report), but also the implementation of that legislation
and the policy in force (see chap. II) . He analysed the situation of the
recognized religious minorities - non-Muslim and Sunni - (sect. A) and also
that of the non-Muslim minorities, namely the Baha'is and the Protestants
(sect. B) .
87. Before presenting his conclusions and recommendations concerning those
minorities in this final chapter, the Special Rapporteur wishes to point out
that, during his visit, he expressed concern, in a communication, at the
situation of the Grand Ayatollah Rouhani and his son, Javad Rouhani, at Qom;
he is still awaiting a reply from the authorities.
88. With regard to the legislation, the Special Rapporteur has indicated that
a State religion is not, in itself, in contradiction with human rights.
However, this state of affairs - which is consecrated by the Iranian
Constitution - should not be exploited at the expense of the rights of
minorities and the rights associated with citizenship, which imply that
citizens should not be discriminated against on grounds such as, inter alia ,
religion or belief. From this standpoint, the concept of Islamic criteria as
set forth in article 4 of the Constitution should be precisely defined in
regulations or legal texts without, however, giving rise to discrimination
among citizens.
89. With regard to the situation of the recognized minorities, as provided
for in article 13 of the Constitution, the Special Rapporteur wishes to
emphasize that it should be clearly understood that what are meant are
inherent rights of minorities, not privileges that have been granted.
Concerning professional access by members of minorities to the army and the
judiciary (arts. 104 and 163 of the Constitution), the Special Rapporteur
recommends that a legislative enactment regulating the administration in
general should prohibit discrimination against any Iranian citizen regardless
of, inter alia , his or her beliefs or the community to which he belongs.
90. Although the situation of the other non-recognized minorities or
communities, such as the Baha'is, is covered by articles 14, 22 and 23 of the
Constitution in which the concepts of citizen, individuals and persons are
used, the Special Rapporteur recommends that a legislative enactment should
give clearer recognition to these rights for every citizen, individual or
person, regardless, inter alia , of his beliefs or the community to which he
belongs.
91. As to conversion, the Special Rapporteur wishes to draw attention to the
fact that the right to change one's religion is recognized within the
framework of internationally established standards in the field of human
rights, including the 1981 Declaration on the Elimination of All Forms of
E/cN. 4/1996/95/Add.2
page 21
Intolerance and of Discrimination based on Religion or Belief, and in
accordance with the interpretation by the Human Rights Committee.
92. In fact, in its general comment 22 (48) of 20 July 1993, the Human Rights
Committee observed that the freedom to “have or to adopt” a religion or belief
necessarily entailed the freedom to choose a religion or belief, including the
right to replace one's current religion or belief with another or to adopt
atheistic views, as well as the right to retain one's religion or belief.
Article 18, paragraph 2, of the International Covenant on Civil and Political
Rights bars coercion that would impair the right to have or adopt a religion
or belief, including the use of threat of physical force or penal sanctions to
compel believers or non-believers to adhere to religious beliefs and
congregations, to recant their religion or belief or to convert
(HRI/GEN/1/Rev.1, para. 5).
93. With regard to the implementation of the legislation and policy in force,
due to the complexity of the situations, the Special Rapporteur's analysis
covers both the recognized minorities and the other non-Muslim minorities.
94. Concerning the recognized non-Muslim religious minorities, namely, the
Zoroastrian, Jewish, Assyro-Chaldean and Armenian minorities, although the
Special Rapporteur is disturbed by the fact that many members of those
minorities have left Iran to the detriment of the country's cultural and
ethnic wealth and diversity, he believes that their situation as a minority is
otherwise apparently satisfactory except in respect of some specific problems
for which the following recommendations have been formulated.
95. In the religious field and particularly in that of religious education,
instruction manuals should be compiled in closer systematic collaboration with
competent representatives of the minorities in order to ensure that religious
beliefs are correctly transcribed and respected.
96. Concerning religious publications and, in general, all publications
issued by minorities, the Special Rapporteur endorses the recommendations of
Mr. Abid Hussain, the Special Rapporteur on freedom of opinion and expression,
who considers that: “Any prior restraint on freedom of expression carries
with it a heavy presumption of invalidity under international human rights
law. JIIy institutionalization of such restraint adds further weight to this
presumption. In his opinion, the protection of the right of freedom of
opinion and expression and the right to seek, receive and impart information
would be better served, not by routinely submitting specific types of
expression to prior scrutiny, as is currently the case, but rather by
initiating action after publication, if and when required”
(E/cN.4/1996/39/Add.1, para. 40).
97. In the socio-cultural field, the Special Rapporteur recommends that
practical steps should be taken to ensure strict respect for the principle
that religious laws should be applied in personal and community affairs,
thereby excluding the application of the Shari'a to non-Muslims. With regard
to the dress code, the Special Rapporteur emphasizes that the various
community traditions and behaviour concerning dress should likewise be
respected, but believes that dress should not be turned into a political
instrument and that flexible and tolerant attitudes should be shown so that
E/CN. 4/1996/95/Add.2
page 22
the richness and variety of Iranian dress can be manifested without coercion.
In particular, in the field of education, and especially in minority schools,
the Special Rapporteur recommends freedom of dress on the understanding that
this should obviously not be exercised in a manner contrary to its purposes.
98. With regard to managerial posts in the educational establishments of
minorities, the Special Rapporteur stresses that account should be taken of
the special nature of minority schools, which should be reflected in their
management.
99. Minorities should collaborate closely in the formulation of educational
programmes through written contributions.
100. In the professional field, in addition to the above-mentioned
recommendations concerning the administration, the Special Rapporteur, in
accordance with internationally recognized standards, draws attention to
article 4 of the 1981 Declaration: “All States shall take effective measures
to prevent and eliminate discrimination on the grounds of religion or belief
in the recognition, exercise and enjoyment of human rights and fundamental
freedoms in all fields of civil, economic, political, social and cultural
life.” Consequently, he recommends the elimination of the obligation for the
owners of grocery shops to indicate their religious affiliation on the front
of their shops.
101. In the judicial sector, the Special Rapporteur continues to be concerned
about the information received concerning discriminatory treatment on the part
of judges who sometimes hand down iniquitous decisions against members of
minorities. In this regard, the Special Rapporteur believes that it would be
appropriate to apply the programme of advisory services of the Centre for
Human Rights (see the preceding report, E/cN.4/1995/91, para. 226) . Proper
training of judicial and, in general, administrative personnel in human
rights, particularly with regard to tolerance and non-discrimination based on
religion or belief, would be highly appropriate.
102. The situation of the Sunni Muslim minority does not seem to give rise to
problems of a religious nature, except in respect of places of worship. In
that connection, the Special Rapporteur recommends that freedom of access to
places of worship should be respected and that the Sunnis of Tehran should
have a mosque of their own, in accordance with their wishes. On the question
of the destruction of places of worship, the community administering them
should be consulted before any decision is taken, so that compensatory
measures may be automatically planned and implemented.
103. Except for some serious problems in specific fields with regard to which
the Special Rapporteur has made recommendations, the situation of the
recognized Muslim and non-Muslim minorities appears to be fairly satisfactory.
104. While recalling the fact that these minorities do not want to be
exploited politically in a manner contrary to the interests of Iran, the
Special Rapporteur, in his capacity as an independent expert, supports
their desire for a dialogue with the authorities and, in his capacity as a
Special Rapporteur of the Commission on Human Rights, will, in accordance with
E/cN. 4/1996/95/Add.2
page 23
his mandate, remain vigilant about developments in their situation in the
field of tolerance and non-discrimination based on religion or belief.
105. The Special Rapporteur wishes to express his concern about the other
non-Muslim Baha'i and Protestant minorities, while recognizing and welcoming
the recent first indications of improvement in some fields.
106. With regard to the Baha'is, the Special Rapporteur hopes that a clear
distinction will be drawn between questions of belief and other questions of a
political nature if the latter exist or arise. In that connection, it should
not be presumed that the entire community has been politicized or is engaged
in political or espionage activities. Considering the religious principles of
the Baha'i community, the Special Rapporteur believes that there should not be
any controls that might, through prohibition, restrictions or discrimination,
jeopardize the right to freedom of belief or the right to manifest one's
belief. He also wishes to point out that article 1, paragraph 3, of the 1981
Declaration stipulates that: “Freedom to manifest one's religion or belief
may be subject only to such limitations as are prescribed by law and are
necessary to protect public safety, order, health or morals or the fundamental
rights and freedoms of others.”
107. For this reason, the Special Rapporteur recommends that the ban on the
Baha'i organization should be lifted to enable it to organize itself freely
through its administrative institutions, which are vital in the absence of a
clergy, and so that it can engage fully in its religious activities.
Likewise, all the community and personal property that has been confiscated
should be returned and the places of worship that have been destroyed should
be reconstructed, if possible, or, at least, should form the subject of
compensatory measures in favour of the Baha'i community. The Baha'is should
also be free to bury and honour their dead. Concerning freedom of movement,
including departure from Iranian territory, the Special Rapporteur believes
that the question on religion should be deleted from passport application
forms and that this freedom should not be obstructed in any way.
108. While recognizing the freedom to change one's religion, the Special
Rapporteur believes that it is essential that any conversion should result
from free choice and not from coercion.
109. The Special Rapporteur wishes to emphasize that no discrimination should
impede access by the Baha'is to education in higher educational establishments
or to employment in the administration and in the private sector.
110. With regard to the judiciary, the Special Rapporteur reiterates the
recommendations formulated concerning the recognized minorities.
111. On the subject of security of person, the Special Rapporteur notes with
satisfaction that there has been an improvement in the situation with regard
to arrests and, apparently, executions. He points out that the physical
integrity of any person should not be affected by the person's religion or
belief.
112. The Special Rapporteur calls on the Iranian authorities to review or set
aside the death sentences passed on Baha'is and to promulgate amnesties or any
other appropriate measures to prevent the enforcement of the penalties
imposed.
E/CN. 4/1996/95/Add.2
page 24
113. Concerning the Protestants, the Special Rapporteur recommends that the
legal status of some religious associations, including the Universal Church,
should be clarified through rehabilitation.
114. The Protestant communities should be able to engage in their religious
activities in full freedom, except where restrictions are provided for in
internationally recognized standards. To that end, the Special Rapporteur
recommends that the ban on the Bible Society of Iran and on the Garden of
Evangelism should be lifted and that freedom to write, print and disseminate
religious publications, including the Bible, should be fully respected.
115. On the specific question of places of worship and access thereto, the
Special Rapporteur strongly recommends that all bans and restrictions should
be lifted. The conduct of services and the language used therein should also
be left entirely to the discretion of the ministers of religion concerned, who
should be able to engage in their religious activities and choose their mode
of expression without being subjected to any pressure.
116. Likewise, with regard to proselytism, conversion and apostasy, the
Special Rapporteur reaffirms the need to respect internationally recognized
standards in the field of human rights, including freedom to change one's
religion and freedom to manifest one's religion or belief, either individually
or in community with others and in public or private, barring necessary
restrictions provided for by law. In fact, the conversion of Muslims to
another religion should in no way give rise to pressures, bans or restrictions
on the Protestant community, on the converts or on ministers of religion.
117. The Special Rapporteur notes the severe traumatism caused by the murders
of Protestant pastors who, as leaders of their community, were fervent
defenders of tolerance and non-discrimination based on religion or belief; he
shares the strong feelings to which those murders gave rise. Regardless of
the motives for those criminal acts, the Special Rapporteur strongly condemns
them and sincerely hopes that such crimes will not recur, so that the
Protestant community, as well as all the other communities, can live fully
without fear, compulsion or self-censorship.
118. Lastly, the Special Rapporteur welcomes the first signs of an improvement
in some fields and in some cases, including freedom of movement, and
encourages its extension to all the rights recognized in the various
international human rights instruments.
Notes
1/ The Armenian and Assyro-Chaldean minorities, in particular; the
Orthodox, Catholic and Protestant minorities as well.
2/ See chap. I.A.3., para. 17, which summarizes the reply by the Minister
for Foreign Affairs.
