Concluding observations of the Committee on the Elimination of Racial Discrimination

Seventy–seventh session

2–27 August 2010

Consideration of reports submitted by States parties under article 9 of the convention

Concluding observations of the Committee on the Elimination of Racial Discrimination

1. The Committee considered the eighteenth and nineteenth periodic reports of the Islamic Republic of Iran, which were due on 2006 respectively, submitted in one document (CERD/C/IRN/18-19), at its 2016th and 2017th meetings (CERD/C/SR.2016 and 2017), held on 4 and 5 August 2010. At its 2042ndnd meeting (CERD/C/SR.2042), held on 23 August 2010, it adopted the following concluding observations.

2. The Committee welcomes the detailed report submitted by the State party, in spite of its delay. The Committee is encouraged by the attendance of a high–ranking, diverse delegation, representing several institutions of the State party and expresses its appreciation for the opportunity to continue its dialogue with the State party.

3. While the Committee notes with satisfaction that the State party’s report generally conforms to the reporting guidelines of the Committee, it regrets that the report contains insufficient information on the practical implementation of the Convention, particularly on economic and social indicators of the State Party’s population disaggregated by ethnicity.

4. The Committee welcomes the various developments which have taken place in the State party, including:

(a) The approval of the Law on Citizenry Rights in 2005;

(b) The ratification of amendment to article 8 of the Convention by the State party on 7 November 2005, adopted on 15 January 1992 at the fourteenth meeting of States parties to the Convention and endorsed by the General Assembly in its resolution 47/111 of 16 December 1992, concerning the financing of the Committee;

(c) The update on the progress being made by the State party in the establishment of a National Human Rights Institution in accordance with the Paris Principles;

(d) The amendment of the Fourth Development Plan which allows budget allocations and a percentage of oil and gas revenues for the development of less developed provinces, particularly inhabited by disadvantaged ethnic groups; and

(e) The country’s active engagement with the international community on human rights issues, such as its initiative on promoting a dialogue among civilizations.

5. The Committee commends the State Party’s continued hosting of a large population of refugees from neighbouring countries such as Afghanistan and Iraq.

6. The Committee takes note of the State party’s views on the difficulties involved in determining the ethnic composition of the population beyond indicating the concentration of ethnic groups in different provinces of the Islamic Republic of Iran, but also felt that the State party’s difficulties on this matter were not sui generis. While taking note of the recent population census in 2007, the Committee regrets that this opportunity was apparently not taken advantage of to acquire detailed information on the ethnic composition of the population by means of a self–identification question on ethnicity.

7. While noting the clarifications made by the State party on the incorporation of the Convention into domestic legislation, the Committee reiterates that the status of the Convention, when juxtaposed with certain divergent provisions of the Constitution and of domestic legislation, still remains unclear. It further notes that the Convention has never been invoked by domestic courts.

8. The Committee notes the information furnished by the State party on the definition of racial discrimination in article 19 of the Iranian Constitution and reiterates its concern that this definition does not explicitly cover the forms of racial and ethnic discrimination prohibited under the Convention. (art. 1)

9. While commending the efforts undertaken by the State party to empower women, the Committee is concerned that women of minority origin may be at risk of facing double discrimination. (art. 2)

10. The Committee notes the information furnished by the State party on the 1985 Press Act. The Committee also notes the efforts undertaken by the State party to combat racist discourse in the media by applying sanctions to newspapers whose publications have included racist discourse. However, the Committee is concerned at continued reports of racial discrimination, inter alia, directed against Azeri communities in the media, including stereotyped and demeaning portrayals of those peoples and communities. The Committee is also concerned at the reports of racial discrimination in everyday life and statements of racial discrimination and incitement to hatred by government officials. (art. 4)

11. The Committee notes the information provided on the High Council for Human Rights and its work. It expresses concern however that its composition could impact on its independence. The Committee takes further note of the information provided that the High Council is currently working on a plan to establish a national human rights institution. (art. 6)

12. While the Committee notes that, according to the State party, measures are being taken to promote minority languages, and the teaching of minority languages and literature in schools is permitted, it expresses concern over the lack of sufficient measures to enable persons belonging to minorities to have adequate opportunities to learn their mother tongue and to have it used as a medium of instruction. It would have appreciated more information on the literacy levels of ethnic minorities. (art. 5)

13. The Committee is further concerned that language barriers may create an obstacle in access to justice for ethnic minorities in the State party. The Committee also expresses its concern at reports of discriminatory treatment of foreign nationals in the Iranian justice system. (arts. 5, 6)

14. The Committee notes the lack of sufficient information on the implementation of article 6 of the Convention.

15. The Committee expresses concern at the limited enjoyment of political, economic, social and cultural rights by, inter alios, Arab, Azeri, Balochi, Kurdish communities and some communities of non–citizens,, in particular with regard to housing, education, freedom of expression and religion, health and employment, despite the economic growth in the State party. It notes information that the provinces where many of them live are the poorest in the country. (art. 5)

16. The Committee expresses concern over reports that the application of the “gozinesh” criterion, a selection procedure that requires prospective State officials and employees to demonstrate allegiance the Islamic Republic of Iran and the State religion may limit employment opportunities and political participation for, inter alios, persons of Arab, Azeri, Balochi, Jewish, Armenian and Kurdish communities. (art. 5)

17. The Committee expresses concern at the low level of participation of persons from Arab, Azeri, Balochi, Kurdish, Baha’i, and certain other communities in public life. This is reflected in, for example, the scant information provided about them in the national report, the national census and public policies. (art. 5)

18. Bearing in mind the indivisibility of all human rights, the Committee encourages the State party to consider ratifying those international human rights treaties that it has not yet ratified, in particular treaties whose the provisions have a direct bearing on the subject of racial discrimination, such as the Convention on the Elimination of All Forms of Discrimination against Women, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

19. In the light of its general recommendation No. 33 (2009) on follow–up to the Durban Review Conference, the Committee recommends that the State party give effect to the Durban Declaration and Programme of Action, adopted in September 2001 by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into account the Outcome Document of the Durban Review Conference, held in Geneva in April 2009, when implementing the Convention in its domestic legal order. The Committee requests that the State party include in its next periodic report specific information on action plans and other measures taken to implement the Durban Declaration and Programme of Action at the national level.

20. The Committee recommends that the State party continue consulting and expanding its dialogue with organizations of civil society working in the area of human rights protection, in particular in combating racial discrimination, in connection with the preparation of the next periodic report.

21. The Committee encourages the State party to consider making the optional declaration provided for in article 14 of the Convention recognizing the competence of the Committee to receive and consider individual complaints.

22. The Committee recommends that the State party’s reports be made readily available and accessible to the public at the time of their submission, and that the observations of the Committee with respect to these reports be similarly publicized in the official and other commonly used languages, as appropriate.

23. Noting that the State Party submitted its core document in July 1999, the Committee encourages the State Party to submit an updated version in accordance with the harmonized guidelines on reporting under the international human rights treaties, in particular those on the common core document, as adopted by the fifth inter–committee meeting of the human rights treaty bodies held in June 2006 (HRI/MC/2006/3).

24. In accordance with article 9, paragraph 1, of the Convention and rule 65 of its amended rules of procedure, the Committee requests the State party to provide information, within one year of the adoption of the present conclusions, on its follow–up to the recommendations contained in paragraphs 9, 10 and 11 above.

25. The Committee also wishes to draw the attention of the State party to the particular importance of recommendations in paragraphs 6, 13, 15 and 17 and request the State party to provide detailed information in its next periodic report on concrete measures taken to implement these recommendations.

26. The Committee recommends that the State party submit its twentieth, twenty–first, twenty–second and twenty–third periodic reports in a single document, due on 4 January 2014, taking into account the guidelines for the CERD–specific document adopted by the Committee during its seventy–first session (CERD/C/2007/1), and that it address all points raised in the present concluding observations. The Committee also urges the State party to observe the page limit of 40 pages for treaty–specific reports and 60–80 pages for the common core document (see harmonized guidelines for reporting contained in document HRI/GEN.2/Rev.6, para. 19).

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