Aadel Collection
Consideration of Iran's Report under Article 9 of the Convention
-- -
: -
A
_) cr
T TT ' T
ON THE ELIMINATION CERDjC'9l 1 . 31
OF.g4LL FORMS OF . - 22 C zober 19E2
RACIAL DISCRIMINATION Orizinal: GLISH
I 0NMITTEE ON THE fl 2fl( TION .
OF RACILL DISCRfl TION
Twenty—seventh session .
. CONS )ERATI0N OP REPORTS SUBIITTHD BY STATES P. RT -S
. DIWER J BTICLE 9 OF ‘ CONV TION .
. Seventh period .ic reports of States parties due in 1982
Addendum
. , IRAN j
. . . , . [ 30 September 1952]
Preamble , . . . ,
OEe country of Iran has since long, been the abode and dwelling 1ace. of various
nations, peoples'and sects-with different-races—and--religions. In the course of the
History of Iran, the said peoples have always lived with each other in peace-' and
‘ tranquility, and the -central government has treated afl. i s ub jscts indiscriminat
I all its edicts and orders to the local governors, representatives and satraps,
the central government has instructed and emphasized on the cbservance of their
human rights and the respect for their dignity and honour. .
The present status of different racial -and religious groups existing in Iran
reflects this reality and friendly and indiscriminative historical record that the
question of racial segregation has-never existed in Iran. The Government of Iran,
however, due to the commitments it bad undertaken on the basis of .Article 4 of the
International Convention on the Elimination of Racial Discrimination, passed -
July 1977 the law on the punishment of the propagation of racial segregation. This
law is still in force, but no one has so far. been prosecuted for this cffence due
to the non—existence of any racial hostility or conflicts.
After the victory of the Islamic Revolution in Iran, the law makern paid .
careful and emphatic attention to this important fact and took it into consideration
when preparing the Constitution of th Islamic Republic of Iran, and deemed its
observance as binding and indispensable.
i/ For previous reports submitted by the Government of Iran and the sinnm vy
cords of meetings of the Con ittee at which such reports were considered, see:
(i) Initial report — CERD/C/R.3/Acld.1 (CERD/c/sR.31, 33 and 56);
. (2) Second periodic report .nd . .dd .45
. (cEP.1/c/sR.127 and 179);
3) Third periodic report — CERD/C/R.7o/ dd.1 (CE?.D/c/SR.l79);
(4) Fo' rth periodic report — CERD,C/R.9o/ dd.2 (cEflD/c/ R.279);
(5) Fifth periodic report — C .D/C/2c'/ dd.1 (C /c/sR. 7l)
(6) Sixth periodic report — c D/C/66/Ldd.5 (C D/C/SR, 72).
GE. 82—17725
BP000673
,,. .
Par ra h C, Pr c_pJ .e 2 Cf -t 6 Cc t1t t1 fl of :he Islar. .c RepL .olic of Ira'i
:rovides for the eli: .inatiOfl cf all forns of oppression 1 exploatatioO, conanation
and being dominated, and is of this .opifli-Ofl that justice and equity and political,
economic, social and cultural indep ridenCe ensure the national solidarity. . .
OEe Tnird Paragraph of Principle 3, prc des for the free education and
;hysical training for everybody at all levels as well as the faciiita ing and
generalizing the higher education. .
The Eighth ;aragraph stipulates the participation of the public in the ‘
eterminatiofl of their own political, economic, social and cu.lturaj. destity.
The Ninth Paragraph provides or the elimination of unjust discriminations
and the ensuring of all people the equitable p ss!bilities in all material and
spiritual fields. . .
The Fourteenth Para aph provides for the ensuring of all—encompassing rights
of individuals, men and.womeri, and. .ju t legal security for everybody as well as
he equality of all the people before the law.
Principle 28 of the Constitution reads that the government ‘is bound to
:.rovide, with due regard to the need of the society to different professions, all
the people with possibility of employment and equal conditions to g employed.
According to Principle 29, it is the right of everybody to benefit from' the
social security in cases of retirement, unemployment, old age, disablement, ,. .
‘uoprotectedness, running short of ‘otie's money while being away on a journey,
accidents, the need to he lth and treatment services and medical care, in the form
of insurance and the like OEe Governme it is bound to provide the individual .
; eople of th couiitry with IIe foregoing services and financial assistance' to be
financed from the public revenues and the income derived from public participation. .
. On the basis of ?rinci le 30, the Government is bound to provide the means Qf
free education until the completion of the high school for the hole nation and to
expand the means of free higher studies until the attainment by the country to
elf—sufficiency. . . .
In accordance with Principle 34, it is the inalienable right of any individual
to seek justice, and refer to competent courts to plead. All individuals are
ntitled to have such courts to which, according to law, they are entitled to
recourse. . . . . .
Besides, in connection ‘with religious minorities, mention should be made
that the religion of Islam has a deep respect for other religicns , and considers
the observance of rights and dignity and free conducting of religious rites and
uties of other divine religions and sects as respected. Principles 13, 14, 15
and 19, among other important principles of t:ie Constitution, provides for -the ‘.
Dreservation of the rights of the religious minorities, the contents of ;hich are
. xplained for information.
: :
‘ -I
-
principles on the Rights of ReligiOus N!noTiti .
Principle 13: OEe Zoroasterian, Jewish and Christian Iranians shall be the
sole recognized religious minorities that are free to perform, in accordance witn
‘ law, their religious rights and act in ccmpliance .itn tneir religion as far as
their personal status and religious teachin are ccncerned.
Princinle 14: s specified in the Nunificent verse of the C-1oriou Koran:
“Allah does not forbid you to show idndness to an 5 deal justly vith those who did
not war against you on account of your religion and did not drive you out of your
homes. Allah loves the just dealers”, the Government of the Islanic Republic
of Iran and MuslimS are bound to deal with non-Nuslirn individuals with good morals
and Islamic justice nd equity and respect their human rights. OEe present principle
applies only to those who -do not conspire and act against Islam and the Islamic
Republic of Iran. .
Principle .15: •OEe state and coimiion language and script of Iran is Persian...
Official documents, correspondence and texts and school books shall be written
in this language and script. Rowever, the use of local and ethnic languages in the
press and mass media and the teaching of their literature in schools, along with
Persian, is allowed. .
. Principle 19: OEe people of Iran belonging to any ethnic or tribal group,.
shall enjo equal rights •and colour,_race, language and the like shall not be
considered as a privilege .. -.
. On the basis of these principles religious minorities are free to practise
their religion and teach their rituals through the religious instruction books they
teach in school. OEe Constitution binds the Nuslims to resbect the religious
minorities. The non- uslims similar ‘to Nus im should enjoy Islamic justice and
‘.equlty. ‘ . . . . , . . . . .
Religious minorities have independent publications peculiar to thsrLeelVeS ,
-the nurber of whiQh has, after the victory of the Revolution, increased several
times by comparison to what existed before the Revolution. .
For the implementation of the above principles, the Ni.nistry of Islamic
Guidance has created a unit to deal with the affairs of the religious minorities.
This section is charged with the duty of investigating and settling the
difficulties of the minorities, satisfying their cultural needs and facilitating
their religious ceremonies. This section extends its assistance to official
religious minorities in the following cases: .
1. Participation of the members of the .official religious minorities in religious
conferences held abroad to which they are invited.
2. Inviting non—Iranian missionaries needed by religious minorities for the
. performanCe of their religious ceremot.ies ,
3, Provision, fran abroad, of religious books and panphlets needed by the religious
minorities as recuested by them.
4. Provision of the necessary facilities fo: the -rerformance of their national
and religious ceremonies or. various OcCasions.
5. acilitatir.g the visit of the foreign leaders and personalities of the
religious minorities to ir Iranian cegior Lsts. .
cE /C/91/1 31
page 4
To sun up, this section has the duty to endeavour to establish a closer
relatiotishiP between Nuslims and Iraiuafl rslig -O- .nd their “
Q 51igi0 5t 5 abroad and the creation of u derstafl ing between Euslims and ...
religious minorities, and. that the religious minorities too, nay enjoy Islamic
justice and equity. . .
Statistic fth 1 O S Nino ieS . .
For the tine being there axe about 60,000 Jews, 20,000 Zcroasterians,
110,000 Armenians and 30,000 Assyriatis living with their Nusli fe11ow OOuflt1 5fl
in Iran. - . . . . . .
The population statistics of the country divided on IIe basis of sex and age
in different urban and rural regions as well as the oopulatiOfl of Iran divided
on the basis of different religions are given in the following tables.. As regards
the activities of foreign workers in Iran, the attention of the Co ittee on the
Elimination of Racial Discrimination is drawn to this fact that no racial.. . .
discriminat.IIfl is exercised as far as the employment of foreign specialists is
conc ed. : - . . . ,. . . ... . . .
1. For the tine being, there are 14,180 foreign nationals working i i Iran who hive
work permits. Out of this number, 11,942 personS, because of the form of
ownership . of the workshop, work in the public sector, .nd 2,238 persons in the
private sector, which.are separatelY shown in Table No. 1. . . .
2. Out of 14,180 foreign workers, 1O,083.peoPle are from sia, 5,016 people from
Europe, 31 people from . merica (the. continent), 30 people from Africa and 21 people
from Australia, as shown separatelY for each country, in Table No.2. .
3. Out of the 14,180 foreign nationals working in Iran, there are 61 religiouS
m .ssionarieS,. 24 persons of whom are Roman CatholiC, 29 persons are Chaldaic,
6 personS are Armenians and 2 personS are Zorc,asterian missionarieS. .
OEe work permit of these perso r1s have been issued and extendad as confirmed
by the N.II.istry of National Guidance. . .
Rural population Urban population Total_population_of the country Age
Female flab Total Female Male Total Female Male Total _________
8 789 ] 9 : 4 696 17 854 064 7 563 229 8 291 451 15 854 680 16 352 397 17356 347 33 700 744 Total
1 538 111 1 701 342 3 239 453 1 066 658 11 236' .01 2 190 259 2 604 769 2 824 943 5 429 712 4—0
1. 455 155 1 584 934 3 040 009 1 066 388 1 150 056 2 236 444 2 541 543 2 734 990 5 276 533 9—5
) 072 014 1 160 565 2 232 579 972 469 1 098 070 2 073 539 2044 483 2 258 635 4 303 118 14—10
(39). 744 792 919 1 684 663 889 982 1 025 620 1 915 6d2 .i. 781 726 1 818 539 3 600 265 19—15
710 2 '7 551 799 1 262 006 741 150 789 059 ]. 530 ‘2 9 1 451 351 1 340858 2792 215 2420
550 024 /140 558 99t:. 582 551 366 569 637 1 121 003 1101 390 1 010 195 2 li i 585 29—25
444 236 385 35 829 591 420 308 457 098 877406 86 544 842 453 1 706 997 34_30
/124 1(8 408 3.87 832 295 377 171 417 153 794 3 4 801 279 625 340 ]. 626 619 39—35
‘123 734 476 603 900 337 349 750 410 598 768 3 8 . 773 464 825 201 1 668 605 44—40
3/14 5/12 412 855 757 3 8 293 896 338 171 632 067 638 439 75] 026 338 965 / 19—45
326 591 4c7 893 735 3 4 27'.; 785 322 880 . 593 6 597 376 731 673 1 329 049 54_5(.
157 764 . 212 425 370 189 3.49 418 184 280 333 69 30718? 391 4' 2; 703 837 59—55
3.52 4C5 168 525 32]. 930 129 337 132 877 262 21 4 282 742 30]. 402 584 344 64—60 .
297 532 360. 036 657 568 264 551 263 451 . 528 902 562 083 624 387 1 106 47(; 65 years
, axu more
. . i: ()
. ,
. CD t:'
. . J1
0.
. . . CL
. ,_ L ._. . ..
Other
religionn
Chri itian ;
— I Zoroa trian
Others Msyri n Aniienian .
Jewiah
Mualim
Total
•33 396 908
17 196 024
884
8
148
633
17 822
9 047
8 774
i 7 8
391
787
33
708 744 Total population
17
16
356 347 Male
352 397 Female
Urban population
.15
854 680 Hale &nd. f em le
.
8
291 451. Male
7
563 229 Female
.
. Rural population
17
854 064
Male ann female
.
9
064 896
Male
8
789 168
.v
) P1
::‘.‘
.—
0/ ()
—
SO
;D .
0.
0.
59 585
3]. 113
20 472
39 079
21 695
8 184
25551
12 880
12 671
103
51
51
163
957
206
62 258
31 833
30 425
46 304
24 032.
22 222
H
35 515
1!] 829
16 686
21 760
10 871
10 889
21 400
10845.
10 555
19 l9 O
9 664
9 534
2 202
] 181
1 021
98 498
49 337
49 161
4 665
2 620
2 045
13
7
(;
201
03].
250
4 364
2 866
1 498
58
30
28
3
1
1
3 791
2 009
1 782
675
035
640
583
798
785
Tab1e. No,. 1
CE ,'CI9. /Add .31
page 7
OEepresent status.of foreign nationals working in Iran ,
in accordance with the forn of workshop ownership
. jForm of the ownership of the workshop
tkjor employment groups . . 1
Private Public
Specialized, technical and ‘
professional employments ]. 034 1 8 718
Employment as sellers 418 24
: Governmental and industrial management 301 . 1 408
Secretarial affairs 85 . 5 l 4
Employment in the field ‘of agriculture, .
. fishing, hunting and forestry . 15 433 .
Employment in the field of IIines and ..
. extracting metals and ores , 17 . . 48
Employment in the field of transportation . .
and communication . . . 24 156
. Technicians and workers in the field of . !
production not classified elsewhere 284 . .767
Workers in different sections of sports ( .
and recreation . 42 : . 184
Total . . 2 238 1]. 942
General total 14 180 . 1
CZRD/C/91/Add .31
page 8
2 : ConditiOn of employed alien nationalsin the country
according to nationa1itY
. $.IAN. QQN .
‘:‘. 3583 .
1 219
797
717
626
475
398
170
.70
62
57
4].
33 .
29
30
- . 2L
16
‘I.
7
5
5
6
4
1
].
India
.- .-.. o WiI&n
Pakistan. H
Japan
Philippines
ira.qi Refugee&
Bangladesh
.SOUII ora
Mgbaiustan• ..
Nalaysia . .-.
Lebanon
Taiwan
.: OE4fiand ...
Indonesia ..
Sri. Lanka
No. of per o is. . . . .
employed
,
. . -: . ..:
NationalitY
presently
, .—...—. ;
.; ....
... . . Syria. .
Singapore
Nepal
Joi'dan
People's Republic of China
Hong Kong
Kuwait
Saudi Arabia
Bahrain
Yemen
Burma
10 083 TOTAL .
2 : Condition of employed alien nationals in the ccuntry
according to natio a1i Y
CERD/C/91/.4dd.31
page 9
EURGPEA.N CONTINENT .
1485
598
246
164
222
192 . .
173 .:
130
110
95
109
81
69
53 . ..
52
. . 53
44
34
32
23
‘24
12
6
3
3
2
1
Italy
West Gei a y
Romania
Prance
Yugoslavia
. Poland .
OE g1 and
Czechoslovakia
‘ Greece
. ‘ . Austria
Spain, ‘
.--. ‘Switzer1 nd
Sweden
Bulgaria
OErkey
Belgium.
Portugal
Runga l7
Netherlands
East Germany
Denmark
Ireland
Finland
Norway
L uxembourg
Cyprus
Malta
NO.
of persons .
employed
‘ .. .
Nationality .
presently ,
4 016
TOT . ,
CE'RD/C/91 /Add .31
page 10
2 : Condition of emp1o ed alien iationals in the count j
! cc0rdir1 to nationali . ‘
No. of persons
. .. , . employe4. Nationality
presently ‘ .
RICLN cOIf i ENT
7 United States of America
5 Uruguay
5 .. Argentina
4 : Peru
. 3 .. Canada
4 . . Brazil
2' . Chile . .
. 1 . . Ja maica
1 Colombia
32 ‘.
:
.
,
TOTAL
.
LFRIC.AN
COI TINENT
-
4
-
.
.
E rpt
.
.
Mauritania
2
Morocco .
.
,
•
.
.
.
Ghana
.
.
2
.
Algeria
.
Mauritius
4 -
,
Tanzania .
].
Tunisia
.
1
Kenya
1
.
South Africa
1
:
Zaire
1
•
:
Ethiopia .
].
Somalia
.. --——
-.---
,
— -....- .
.
TOTAL .
.-.
CERD/CI9iiAdd.31
page 11
2 : Condition of emDloyed alien nationals in the countr r
according to nationality
No. of persons
e p1oyed
presently
Nationality
AUSTRALIAN CO1 TINENT
14
7 .
Australia
New Zealand
21
TOTAL
14 180
GRAND TOTAL
-l
OUTLINE OF PROPOSED PAPER FOR SUBMISSION TO OF RD
Author's note : cERD is primarily concerned with examining the legal aspects
of any discriminatory situation rather than the humanitarian aspects, and
the outline is drafted with this in mind. It also tries to anticipate the
points likely to be raised by Iran's representative in response to questions
about the Baha' s and to nullify them in advance.
1. Iranian government has stated in its report to CERD IIat IIere is no
discrimination of any kind in Iran and IIat, in particular, religious
minorities enjoy full protection, rights and freedoms.
2. We would like to draw attention of CERD to plight of Bah ' f community
of 300,000 who have suffered discrimination for over a century, have
absolutely no rights or legal status under present Constitution of
Iran, and who are victims of discriminatory practices/legislation
affecting every area of their lives.
3. Situation arises because of omission of Bah 'Cs from Constitution.
Explain whole legal system based on Islamic law — civil rights and
liberties all depend on religious affiliation. Denial of recognition
means not just denial of freedom to practise religion but denial of
all or any rights/protection under Constitution. .
4. Principle 13 of Constitution (quoted by Iran in its report) identi-
fies “sole recognized religious minorities”. They are only on to
enjoy freedoms/privileges enumerated on page 3 of Iran's report.
5. Principle 14 (also quoted) states that Muslims must deal with non—.
Muslims. with justice and equity and respect their human rights. Might
appear to offer some protection to Bah ' s but is negated by rider . ,
stating that principle applies only to those who “do not conspire
. against Islam and the• Islamic Republic of Iran”. .
6. Bah 'i:s regarded, de facto , as enemies of/conspirators against Islam.
Explain - rebut. , . .
7. Principle 19 (quoted) covers only ethnic groups and not (as stated by
Iran) religious groups. In any case, Baha' s have no rights under
any principle of Constitution, as explained above.
8. Bah 'Ls not listed as a religious minority in Iran's report and not
included in “Other Religions” total of under 60,000. Iran's 300,000
Baha'a's (Iran has sometimes claimed 30,000, but this not so) presum-
ably included in “Muslim” total. Cite representative of Iran at com-
mission on Human Rights stating that Baha' s considered to be part of
Muslim majority. Might imply Baha'is therefore enjoy same constitu-
tional rights as Muslims. Emphatically not so — see below.
9. Iran has frequently claimed BahS' s excluded from Constitution because
political group, not religious. Rebut (along with other false charges).
10. Briefly describe persecutions, noting discriminatory legislation on
basis religion, fact that denial of faith will secure education/employ-
ment, summary arrests, torture to force recantation, summary executions
on false charges — all charges dropped/lives spared if recant, etc. etc.
Also mention non-recognition ah ' marriage, confiscation properties etc.
—1—
.4
OtYPLOE'E OF PROPOSED PAPER FOR SUBMISSION TO CERD page 2
11. All this demonstrates aha'is not ega de a5 and that perse-
cution springs from religious prejudice.
12. Explain persecution inspired by religious fanaticism on part of cer-
tain elements among fundamentalist Muslim clergy — some of them now
in power and determined eradicate Baha' community/obliterate all
traces Faith land its birth.
13. underlying rationale is assertion IIat, since Muhammad is IIe last
of the prophets, the Baha'( FaiII cannot be considered a religion
and that, in claiming to be a religion, it is either concealing its
trne nature or is attempting to set itself up in opposition to Islam.
This is clearly ridiculous.
14. point out that no Christian country persecutes its Muslim minority
simply because majority of population doesn't believe in Muhammad.
15. Baha' Faith is an independent world religion with own Founder,
Scriptures, teachings. Bah 'Ls in Iran (all indigenous Iranians)
constitute a distinct religious coimnunity. Simply wish to be recog-
nized as such as accorded the right (to which entitled.under inter-
national law) to have and to follow their own beliefs. .
[ Appropriate documentation will, of course, accompany the report]
Query ‘
committee member Mrs. sadiq Ali of India said (in 1980) that “she knew
that between 30,000 and 40,000 Sikhs were treated with tolerance in iran”.
The Sikhs, of course, are not named in the Constitution as an officially—
recognized religious minority. They are thus in exactly the same position
as the Baha' s although (if Mrs. Sadiq Au is correct) they are not suffer-
ing for it. Perhaps oIIer, even smaller, unrecognized religious minorities
exist and are allowed to practise their religion in peace. .
We appreciate that the Iranian government does not have the same religious
reasons for persecuting the Sikhs (or others) as it does for persecuting
the Baha' s, Nevertheless, if the question comes up in the Committee —
and it may well do so, since Mrs. Sadiq Ali is still a member — it might
tend to cloud the whole issue. The representative of Iran could, for
instance, draw an analogy between the Sikhs and the Baha' s and use it to
support the argument that all religious minorities are protected in Iran,
whether or not they are specifically named in the Constitution, He could
also argue from this that (as Iran has frequently claimed in the past) any
punishment meted out to the Baha' Cs is because of their criminal misbehaviour
and has nothing to do with their religious beliefs.
We would be most grateful for any comments or guidance from IIe universal
House of Justice on IIis point.
25 january 1983
Jean-Marie APIOU .
S
Eugenio Carlos Jos ARAi i3UBU
Yuli BAB EV
Pedro BP IN MARTINEZ
Andr DEO2E7 J . S
Silvo DEVET .PX
Dinitrios J. EVRIG IS
Oladapo Olusola F .AFOWORA
.Abdel Mo ein GHONEOE!
Jos D. INGLES
George 0. LAMPTEY
Erik TTEL
Karl Josef P.ARTSCE
Shanti S.ADIQ ALl
Agha SEA I
Michael E. SBEPIFIS-
Gleb Borisovieb STARUSB 1X0
Countiy of
nationa1ity
Upper Volta
Argentina
Bulgaria
Panana
Term expires
on 19 January
1986
1981;
1981;
1981;
1981;
1981;
‘ 1986
1986
1986
19814
1986.
1981;
1986
1981;
1986
1986
19814
ERSEIP OF TNE C0I• •iITTEE ON THE ELIflINATION
OF RACIAL DISCBn• .al A ION
1982—1983
Name of ]neinber
fir.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
‘. Mr.
‘Mr.
Mr.
.,, !• .rs.
Mr.
Mr.
Mr.
France
Yugoslavia
Greece
Nigeria
E rpt
Philip ines
Ghana
Austria
Gerxaany, Federal. P(epublic ,
md i a
Pakistan
Cyprus
Union of Soviet Socialist
Repiibli as
- ‘
4-
Mr. Luis VALE [ ICIA RODRIGUEZ
Ecuad .or
1986
