UNIItL )
NATIONS
Economic and Social Distr.
Council
GENERAL
E/CN.4/2005/85/Add.2
23 December 2004
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Sixty-first session
Item 14 (a) of the provisional agenda
SPECIFIC GROUPS AND INDIVIDUALS: MIGRANT WORKERS
Report of the Special Rapporteur on the human rights of migrants,
Gabriela Rodriguez Pizarro
Addendum
VISIT TO THE ISLAMIC REPUBLIC OF IRAN*
* The summary of this report is being circulated in all official languages. The report itself is
contained in the annex to this document and is being circulated in English only.
C
GE.04-16951 (E) 060205
E/CN.4/2005/85/Add.2
page 2
Summary
The Special Rapporteur of the Commission on Human Rights on the human rights
of migrants, Gabriela Rodriguez Pizarro, visited the Islamic Republic of Iran from 22 to
29 February at the invitation of the Government.
The Special Rapporteur met with representatives, at the Director-General level, from
the relevant directorates and units of the following ministries: the Ministry for Foreign Affairs,
the Ministry of the Interior, the Ministry of Employment and Social Affairs, the Ministry
of Health and the Ministry of Labour. The Special Rapporteur met with representatives of
Afghan migrants, non-governmental organizations (NGOs), as well as representatives of
United Nations agencies and programmes, including the United Nations Development
Programme, the Office of the United Nations High Commissioner for Refugees, the
United Nations Assistance Mission in Afghanistan, the World Food Programme and the
International Organization for Migration.
While in Iran, the delegation undertook a one-day visit to Mashed and visited a refugee
camp and a detention centre for migrants in Khourastan Province.
The Special Rapporteur would like to extend her appreciation to the Iranian authorities
for the cooperation and assistance extended to her throughout the mission. The annexed report
reflects the outcome of the Special Rapporteur's visit to Iran.
The Special Rapporteur is aware of the efforts the Iranian authorities have deployed
to accommodate populations that have fled their country in search of peace and security, and
the humanitarian assistance provided to Afghans and Iraqis fleeing their country has been
duly noted. This represents an economic and social burden for Iran, given the constant and
huge number of persons residing on its territory. However, there is very often a tendency to
equate the situation of irregular migrants with that of refugees. The Special Rapporteur
considers that this confusion may be prejudicial to the protection of the rights of migrants
and asylum-seekers.
The Special Rapporteur considers that it is important to acknowledge that there are a
number of migrants in the country, mainly Afghans, and to proceed from this acknowledgement
to the implementation of a national policy of assistance and protection for migrants. This policy
must be reflected in concrete programmes implemented from a human rights perspective. The
adoption of measures to ensure that migrants enjoy in practice the right to legal assistance in all
administrative procedures relating to their migration status should be considered.
The Special Rapporteur considers that the difficulties involved in curbing irregular
immigration stem from many factors, including the difficult economic and political situation of
the countries of origin and the fact that the migrants see Iran as a place where there are more
opportunities; some of the Afghans are encouraged to “try their luck” by relatives and friends
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already living and working, legally or irregularly, in Iran. The fact that there are not yet clear
policy, legislative and administrative measures in place governing legal migration from
Afghanistan to Iran contributes greatly to irregular and extralegal cross-border movements and
encourages the use of smugglers and traffickers.
The Special Rapporteur recommends that the Iranian authorities initiate and encourage
more domestic research on and evaluation of the presence and working conditions of foreign
migrant workers and their impact on the Iranian economy and society. That would help policy
planners to better address issues of legal migration, to identify where foreign labour is genuinely
required and, as a corollary, to determine which sectors might require protection against
competition from migrant labour.
Annex
REPORT OF THE SPECIAL RAPPORTEUR ON THE HUMAN RIGHTS
OF MIGRANTS, GABRIELA RODRIGUEZ PIZARRO, ON HER VISIT
TO THE ISLAMIC REPUBLIC OF IRAN (22-29 FEBRUARY 2004)
CONTENTS
Introduction
I. INTERNATIONAL LEGAL FRAMEWORK
II. DISCUSSION WITH IRANIAN OFFICIALS
III. IRAN AS A COUNTRY OF IMMIGRATION
IV. THE SITUATION OF IRANIANS OUTSIDE
THE COUNTRY
V. THE WORK OF INTERNATIONAL ORGANIZATIONS
A. Office of the United Nations High Commissioner
for Refugees
B. International Organization for Migration
VI. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
B. Recommendations
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Paragraphs Page
1-4 5
5-7 5
8-15 6
16-39 8
40-46 12
47-55 13
47-53 13
54-55 14
56-80 15
56-65 15
66-80 16
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Introduction
1. At the invitation of the Islamic Republic of Iran, the Special Rapporteur on the human
rights of migrants undertook an official mission to that country from 22 to 29 February.
2. In Tehran, the Special Rapporteur met with representatives, at the Director-General level,
from the relevant directorates and units of the following ministries: the Ministry for Foreign
Affairs, the Ministry of the Interior, the Ministry of Employment and Social Affairs, the Ministry
of Health and the Ministry of Labour. The Special Rapporteur met with representatives of
Afghan migrants, non-governmental organizations (NGOs), as well as representatives of
United Nations agencies and programmes, including the United Nations Development
Programme (IINDP), the Office of the United Nations High Commissioner for Refugees
(UNHCR), the United Nations Assistance Mission in Afghanistan (UNAMA), the World Food
Programme (WFP) and the International Organization for Migration (TOM). The Special
Rapporteur also met with representatives of Afghan migrants and NGOs.
3. Owing to an accident that occurred during her mission, the Special Rapporteur' s
programme was slightly modified. With the explicit consent of the Iranian authorities, the
Special Rapporteur requested the staff member of the Office of the High Commissioner for
Human Rights (OHCHR) accompanying her on mission to undertake a one-day visit to Mashed
on her behalf. Accordingly, and with the full cooperation and assistance of the Iranian regional
authorities, the staff member visited a refugee camp and a detention centre for migrants in
Khourastan Province.
4. At the outset, the Special Rapporteur would like to extend her appreciation to the Iranian
authorities for the cooperation and assistance extended to her throughout the mission. She would
also like to thank representatives of the international organizations, NGOs, academic institutions
and migrants with whom she met during her mission. This report describes the facts observed
and the information received by the Special Rapporteur during her visit.
I. INTERNATIONAL LEGAL FRAMEWORK
5. Iran is a State party to four United Nations human rights treaties: the Convention on the
Rights of the Child, ratified on 13 July 1994; the International Convention on the Elimination
of All Forms of Racial Discrimination, ratified on 29 August 1968, the International Covenant
on Civil and Political Rights and the International Covenant on Economic, Social and
Cultural Rights, both ratified on 24 June 1975. When examining the periodic report of the
Islamic Republic of Iran on 12 and 13 August 2003, the Committee on the Elimination of Racial
Discrimination noted that the status of the Convention in the State party's domestic law was
unclear and wished to know whether the Convention had been endorsed by the Guardian
Council. The Committee further noted that the Convention had never been invoked in domestic
courts (CERD/C/163/CO/6, para. 10).
6. Iran has also ratified other human rights related treaties such as the 1951 Convention
relating to the Status of Refugees, ratified on 28 July 1976; the 1967 Protocol to the Convention
relating to the Status of Refugees (28 July 1976); the 1948 Convention on the Prevention and
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Punishment of the Crime of Genocide (14 August 1956), the 1973 Convention on the
Suppression and Punishment of the Crime of Apartheid (17 April 1985) and the Worst Forms
of Child Labour, 1999 (Convention No. 182) (May 2002) of the International Labour
Organization (ILO).
7. Iran has not ratified the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families.
II. DISCUSSION WITH IRANIAN OFFICIALS
8. The Special Rapporteur met with a number of Iranian officials within different ministries
in charge of the issue of migrants in the country. The Director-General of the Ministry of
Labour and Social Affairs informed the Special Rapporteur that his country had signed the
following ILO Conventions related to the issue of migrant workers: the Discrimination
(Employment and Occupation) Convention, 1958 (No. 111), the Migration for Employment
Convention (Revised), 1949 (No. 97) and the Migrant Workers (Supplementary Provisions)
Convention, 1975 (No. 143), and that the Iranian legislation is based on these conventions. The
Director-General also referred to Iranian legislation, particularly the “Labour Law of the Islamic
Republic of Iran”, Division III related to “Employment of foreign citizens”, sections 120-123 of
which deal with the situation of foreign workers in Iran. He informed the Special Rapporteur
that employment opportunities in Iran were rather limited and that there were also a limited
number of foreign workers in the country. He stated that the majority of migrants in Iran were
“refugees” who enjoyed little assistance from UNHCR but were taken care of by the Iranian
authorities.
9. He updated the Special Rapporteur on the various steps taken by the Ministry of Labour
to address the issue of Afghans with a work permit present in the country and informed her about
initiatives aimed at increasing job skills through the establishment of vocational training centres.
In 2004 a memorandum of understanding had been signed with ILO and IOM for technical
cooperation which addressed the issue of assistance to foreigners in Iran as well as the situation
of Iranians outside the country. He noted that Iranian authorities facilitated the issuance of
working permits to Afghans and that they enjoyed full protection under the Iranian labour law,
together with their relatives, including access to health and education facilities. Finally, with
regard to Iranians living outside the country, the director referred to a number of bilateral
agreements with receiving countries (Australia/Japan, the United Arab Emirates and the
Republic of Korea).
10. The Special Rapporteur held several meetings with representatives from different
departments of the Ministry of the Interior. The Director-General of the International Affairs
Division told the Special Rapporteur that his department was in charge of security issues as well
as social affairs, the economy of the Iranian provinces and the situation of foreigners living in
Iran. With regard to the particular situation of Afghans, all of them possessed an ID card; he
referred to the collaboration with UNHCR and the repatriation programme put in place by the
Iranian authorities and UNHCR. He recalled that just over 200,000 Afghan students were
enrolled in educational institutions, 4,000 of whom were in higher education. A special Decision
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of the Cabinet of Ministers in 1981 guaranteed that Afghans would be able to follow
postgraduate studies. He stated that the Afghans could no longer be considered refugees and
therefore Iran alone could not bear the economic and social costs related to such a huge presence.
Economically, in addition to providing free services to Afghans, Iran was also engaged in
developing programmes in Afghanistan aimed at facilitating their return. Socially, he referred to
the fact that a number of Afghans were involved in illegal activities such as drug smuggling and
trafficking in persons which had an impact on national security. Accordingly, Iran was revising
its own legislation to address these issues and enhance its cooperation with neighbouring and
European countries. When asked to provide information on the situation of migrants in detention
centres, the Director-General regretted that he had no information on that subject, which fell
under the authority of the police department.
11. Other representatives from the Ministry of the Interior informed the Special Rapporteur
that the police department was not under the authority of the Ministry or of the executive branch,
but under the leadership of the Supreme Guide. The role of the police vis-à-vis migrants in Iran
was explained: they controlled the entry to and exit from Iran of foreigners and the borders and
were responsible for law enforcement within the country, and therefore also dealt with migrants
in much the same way as with Iranian citizens.
12. Owing to its geographical location, a number of persons, mainly from Bangladesh,
Afghanistan and Pakistan, cross the border to try to settle irregularly in Iran or to transit
irregularly through Iran, the main entry points being Baloushistan Province or the Oman sea for
those wishing to go to neighbouring Arab States. If caught at the border, the irregular migrants
are initially detained by the police in “special camps” or “closed camps” prior to being deported
and handed over to the authorities of the country of origin. If caught within Iran, they are
brought before a judge and might face a fine prior to being deported. According to Iranian
authorities, UNHCR is allowed to meet with those persons at the border prior to their
deportation. When asked by the Special Rapporteur whether those persons have access to
lawyers, the representative from the Ministry of the Interior suggested that she discuss this issue
with a representative from the judiciary.
13. The Special Rapporteur met with the Secretary-General of the Islamic Human Rights
Commission, an Iranian institution established in 1996 with the aim of promoting and protecting
human rights within the country. He informed the Special Rapporteur that the issue of migrant
workers was not really discussed in Iranian society and very little information on the subject
appeared in the media. This was partly due to the fact that there were a number of other human
rights issues of concern to all Iranians. Nevertheless, he recalled the steps taken by the Iranian
authorities to host Afghans and Iraqis when they had to leave their respective countries, and
briefed the Special Rapporteur about the situation of Iranians living abroad.
14. The Adviser to the President on Women's Affairs and Head of the Centre for Women's
Participation informed the Special Rapporteur about the steps taken in the legislative field to
promote women's rights since the Islamic revolution. She also briefed the Special Rapporteur on
decisions taken by the authorities to enhance the representation of women in the administration,
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including at the provincial level, with the creation in every ministry of a unit in charge of
women's affairs. Finally, she informed the Special Rapporteur that one of the main tasks of the
Centre she headed was to support and protect the work of Iranian NGOs working in the field of
women's rights as well as addressing the issue of Iranian women living abroad. The question of
women migrants in Iran was not an issue that was directly dealt with by the Centre.
15. Most of the representatives of the Iranian authorities with whom the Special Rapporteur
met informed her that given the change of regime in Afghanistan, the presence of Afghans on
their territory could no longer be justified. They stressed that the Afghan refugees posed a
significant social and economic burden. Economically, the services provided to Afghans
amounted to a considerable part of the Government's budget and it was time for them to go back
to Afghanistan. This attitude is partly motivated by the significant levels of unemployment in
Iran, as well as concern over increasing drug smuggling. At the same time, however, Afghans
continue to provide much-needed labour in agriculture and the construction industry. Afghan
refugees themselves readily state that they feel they are no longer welcome in Iran.
III. IRAN AS A COUNTRY OF IMMIGRATION
16. When voluntary repatriation from Iran started in March 2002, there were
approximately 2.3 million Afghans officially registered in Iran. Later, in 2003, the Iranian
authorities conducted a re-registration of the Afghan population, which concluded that
some 1,450,000 Afghans were living in Iran. In addition, it was estimated that 202,000 Iraqis
(up to 70,000 of whom were thought to have repatriated spontaneously) lived in Iran, as well as
some 300,000 unregistered Afghans.
The situation of Afghans
17. Differences in levels of economic development between Iran and Afghanistan have long
contributed to significant levels of labour migration from Afghanistan to Iran. This has been
made easier by the fact that large numbers of Afghans share a language (Dan) and religion
(Shi'ah Islam) with the Iranians. With the Afghan revolution and the war in Afghanistan
after 1978-1979, networks that had already been formed in Iran made it easier for the new and
now very mixed flow of Afghan refugees and labour migrants to establish themselves in Iran.
18. The Government of Iran took formal responsibility for the refugee population and
worked closely with UNHCR and other international organizations to address the situation. Iran
received a large number of refugees, and was generally considered to be a supportive host
country. The vast majority of Afghan refugees were not required to settle in camps but were
largely integrated into Iranian society. Most lived in the larger urban areas of the country where
they could find work, such as the capital, Tehran, although seven refugee camps are still in
existence. They also had access to health care, basic education and subsidized food on the same
terms as Iranian citizens. However, there were considerable restrictions on their physical
movement, and government permits were required for travel within the country.
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19. Following the arrival of the Taliban regime in 1994, a new outflow of Afghans sought
safety and work in Iran in the period 1994-200 1, though these were not granted refugee status.
As a result, all non-official movement across the border during those years was considered
illegal labour migration.
20. The status of Afghans is seen as having changed profoundly since the fall of the Taliban.
The Iranian authorities believe that despite instability in Afghanistan, refugees no longer fear
persecution and therefore they should not enjoy the vast financial and social support they have
received as refugees. Accordingly, their presence is re-emerging as an important issue on the
domestic political agenda. There is significant unemployment in the country, and there have
been calls for an accelerated return of Afghans to their country and stricter enforcement of the
laws governing their access to work and public services.
21. Many refugees/migrants informed the Special Rapporteur that the Iranian authorities are
increasingly “encouraging” refugees to leave the country. The benefits they used to enjoy are
being continually cut by the Government.
22. By mid-2003, all Afghans residing in Iran were asked to re-register with the authorities.
Those with refugee documents were obliged to hand in their refugee cards and received in return
only temporary residence permits, with no time for staying or leaving specified. The number of
registered Afghans at that time totalled 2.3 million. Since the 2003 re-registration, UNFICR
has agreed that 1,450,000 Afghans were of concern to the Office and since then, more than
600,000 Afghans have returned home. The re-registration process entailed payment of a fee of
roughly US$ 5 per person and was only available to Afghans who had already registered with the
authorities in 2001. The procedure for obtaining or extending a residence permit is becoming
increasingly cumbersome because it lacks transparency and requires the agreement of a number
of official departments. The ID cards that are issued are valid for six months.
23. Afghan migrants are blamed by the Government of Iran for the 15 per cent
unemployment rate. According to the Director of the Foreign Nationals Employment
Department, the foreigners working illegally in Iran are mainly Afghans. However, they have
been performing jobs that are unlikely to be filled by Iranian citizens, mainly on construction
sites and in agriculture. There are no minimum wages for Afghan migrants and they are
reportedly paid less than Iranian citizens without benefiting from social protection.
24. Restrictions on refugees' access to employment were tightened so that all refugees except
those with old work permits were classified as illegal workers and thereby subject to expulsion.
A new policy of fining and imprisoning the employers of undocumented workers was also
introduced, causing in some instances loss ofjobs and more restricted access to social services.
Many refugees were immediately fired from theirjobs, and thereby also lost their homes and all
entitlement to medical care. They had absolutely no access to State social security or any other
safety net. Little or no compensation is paid when workers in the construction sector are killed
or disabled in accidents. Informed reports have suggested that there has been an increased use
of drugs to sustain long and hard working days as well as increased use of child labour in
informal sectors. Iranian entrepreneurs will also be heavily penalized for employing illegal
Afghan workers.
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25. Opportunities for higher education were closing in 2003 and Afghans living in refugee
camps told the mission that they had very few opportunities to attend university. Although it
was decreed that even undocumented children would be permitted to attend school, an NGO
representative mentioned that some local authorities continued to deny refugee children entrance
to public schools. Representatives of Afghan communities also informed the Special Rapporteur
that Iranian authorities were cutting educational assistance to the 250,000 Afghan children in
Iran. In the past, Afghan families had to pay one third of the education fees but as of the end
of 2003, Afghan families would have to pay the totality of the fees.
26. The authorities also progressively reduced assistance for health care throughout 2004.
For instance, it became obligatory to subscribe to health insurance schemes at full cost. From
September 2004 school fees were compulsory for all Afghan children.
27. If an Afghan marries an Iranian woman, their children have no legal status because the
presence of the Afghan man is irregular and the marriage is not recognized officially. The
Special Rapporteur was told that in Khourastan Province, over 10,000 children are facing this
situation. At the same time, other groups, after 10-15 years' stay in Iran, have now integrated
into Iranian society to the extent that they are reluctant to uproot themselves and their children
born in Iran and face an uncertain future in Afghanistan.
Torbat-e-Jam Refugee Camp
28. Built in 1994, Torbat-e-Jam refugee camp looks like a housing complex; with wide
shrub-lined avenues, several parks, a football field, a gym and a bazaar, it is often described
as one of the best refugee camps in the world. Currently, it hosts some 5,500 refugees
(2,623 women and 2,817 men) living in 928 houses. Some 1,500 students attend the camp
school, which has 170 Iranian teachers for primary and secondary levels. Forty-two students
from the camp are currently pursuing their studies at Universities of Mashed and Tehran.
29. An advisory council composed of refugees living in the camp manages all aspects of life
through different committees established for that purpose, such as the Committee on Health,
Cultural Affairs and Development.
30. Residents in the camp speak Dari and most of them have been living there for
seven years or more. They enjoy free access to education, health facilities and basic food. They
also have the opportunity of earning a living within the camp by setting up small businesses, or
outside the camp, working mainly in agriculture and on construction sites.
31. Most of the young residents living in the camp do not have a clear idea of whether they
would like to stay in Iran or go to Afghanistan. The majority of them never lived in their country
of origin and feel that prospects in Iran and in Afghanistan are rather limited. In Iran, a number
of professions are not available to them and economic conditions in Afghanistan do not provide
them with opportunities in terms of employment or earning a living.
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Sephid Sang Screening Centre
32. Iranian authorities have established screening centres for illegal migrants who are
arrested in the street. They are regrouped in those centres prior to their deportation if their
situation in the country is found to be illegal. If they can provide valid reasons for their stay in
Iran, a judge might decide to release them and allow them to resume their daily lives in Iran.
The delegation visited Sephid Sang Screening Centre, located in Mashed Province.
33. Twenty-five people were living in the Centre at the time of the visit. Most of them had
been arrested for crimes committed on Iranian territory and/or for not possessing proper
documentation when checked in the streets. Officials informed the delegation that most of those
arrested had been involved in drug trafficking, fights, theft and immoral acts. During their
maximum four-day stay in the camps, they are interviewed by Iranian officials before being
brought before a judge.
34. Very few women pass through the Centre; those involved in crimes stayed in the Centre
while the Iranian authorities tried to locate their relatives before either releasing them or
deporting them to Afghanistan. Iranian authorities informed the delegation that they were not
allowed to release a woman if there were no male relatives willing to take care of her once she
was released. If a woman is deported, Iranian authorities would not leave her on her own at the
border, as they do for men, but rather put her in the hands of the Afghan authorities.
35. Street children and unaccompanied children are sent to juvenile centres while their
relatives are located.
36. From 21 March 2003 to February 2004, about 8,000 migrants passed through
Sephid Sang Screening Centre. Of these, 6,711 were deported to Afghanistan and 1,807 were
released and allowed to remain in Iran. During their short stay in the Centre, they had access to
basic commodities, health and food services. Information sessions on Afghanistan and problems
associated with landmines are also organized for the migrants.
37. According to information received from migrants interviewed in situ, living conditions
for irregular migrants are very precarious. Migrants nearly always live in working-class districts
on the outskirts of towns or in remote agricultural areas. Most of them live with relatives from
the same community and one person interviewed said that he was sleeping in the street. Their
irregular status forces them to live in the shadows, performing work that Iranians do not want
to do.
38. Some of the Afghans interviewed claimed that they had families in Iran and some of
them said that they had been living in the country for over 20 years. None of them was willing
to go back to Afghanistan. They were waiting for help from their families living in Iran. Many
migrants told the delegation that if they were to go back to Afghanistan, they would try to return
to Iran because they had no opportunities to earn a living in Afghanistan and the security
situation was not conducive to leading a normal life.
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39. Iranian authorities in the Centre informed the delegation that Iran allowed UNHCR to
veto deportations of illegal migrants who feared persecution upon return, and that all deportees
were entitled to an interview with UNHCR at the border. That gave undocumented deportees a
chance to present a claim for refugee status. However, UNHCR did not have access to Afghans
whose deportation had been ordered by a court of law.
IV. THE SITUATION OF IRANIANS OUTSIDE THE COUNTRY
40. There have been several waves of Iranian emigration. The first period was from 1978
to 1979 and consisted mainly of high-ranking officials, influential industrialists, investors,
financiers, and persons related to the previous regime. The second period began in
February 1979; during this period, military commanders as well as religious and ethnic
minorities fled the country. Another period began during the 1980-1988 Iran-Iraq war, when a
number of young men wanted to avoid being sent to fight or to avoid mandatory military service.
41. Iranians are also leaving the country because of economic necessity. The Iranian
unemployment rate is very high and even after finishing their university studies, young people
find that there are few jobs available. A large number of university scholars who go abroad on
sabbatical are reluctant to return to Iran. This is mainly due to low salaries and lack of
opportunities.
42. Iranians abroad seeking refugee status invoke the fact that they have engaged in
anti-Government actions, such as demonstrations, handing out leaflets, or shouting or painting
slogans; others claim that they are members of organizations not recognized in Iran. A few
asylum-seekers say they are members of the Muj ahedin Khalq Organization (IVIKO) or that they
have been persecuted for helping members of the IVIKO. Religion and social relations are also
among the reasons that Iranians give for seeking asylum. Some women claim that they
committed adultery or are seeking a divorce and fear that their husbands might harm them.
43. According to Iranian officials, there are about 3 million Iranian citizens living outside
their country. This figure includes those who left the country in irregular conditions as well as
Iranian refugees. Iranian officials informed the Special Rapporteur of the steps taken by the
authorities to protect Iranian migrants abroad as well as steps taken to facilitate the return of
those who left the country irregularly and are now willing to come back to Iran, either to settle
permanently or for family visits. Bilateral agreements have been signed with receiving countries
and a Centre for Iranians Abroad has been established under the authority of the President of Iran
with the participation of all relevant ministries. The Centre coordinates all activities related to
Iranians living outside the country and is managed by a directorate within the Ministry for
Foreign Affairs. Its aim is “to defend the rights of Iranians abroad and to ensure a better
coordination within Iran” to facilitate their return.
44. The Director-General of the Centre for Iranians Abroad estimates that 2,750,000 Iranians
live outside the country (3 million if irregular migrants and those who have changed their
citizenship are included). The majority of the Iranians living abroad reside in the United States,
Canada, the United Kingdom, Germany, France, the United Arab Emirates and Sweden. The
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inter-ministerial committee is aware that a number of Iranians living abroad are reluctant to
return. Accordingly, one of the tasks of the committee is also to investigate the causes of the
brain drain and it takes measures to reduce, and ultimately reverse it. The Special Rapporteur
was told of recent efforts undertaken to attract Iranians, and that more and more had been
coming back since the late 1990s. For instance, in the 1990s it became possible to buy
temporary exemptions from military service. This affected about 30,000 Iranians who could
therefore come back to their country to live for up to three months. An amnesty decree had
also been issued for all Iranians who had left the country illegally in the past. More than
11,440 persons benefited from that amnesty. Seized family properties had been restored and
those Iranians willing to return to their country could also benefit from a number of financial
grants aimed at facilitating their reintegration.
45. Some observers feel that the pace at which Iranians were returning is too slow. The
Government often is not keen to take back people who state outright that they had sought
asylum. Emigration is unlikely to stop until adequate employment, coupled with more
comfortable living conditions, becomes available.
46. Finally, the Special Rapporteur was also told that the inter-ministerial committee was
also monitoring the treatment by receiving States of Iranian migrants, with a view to enhancing
their protection. Reference was made to Iranians living in Western countries who were facing
discrimination on the basis of their religion and citizenship. Mention was also made of an
Iranian detained in Thailand for drug trafficking, sentenced to 100 years' imprisonment.
V. THE WORK OF INTERNATIONAL ORGANIZATIONS
A. Office of the United Nations High Commissioner for Refugees
47. The Special Rapporteur met with the Chief of Mission of TJNHCR in Iran, who stated at
the outset of her briefing that it was the largest United Nations presence in Iran and the only
agency with field offices outside Tehran - UNHCR had 9 suboffices and 11 offices dealing
with the repatriation programme. UNHCR's programme was largely implemented through
government departments, public institutions affiliated with the Government, and a few local
non-governmental organizations (there are very few international NGOs present in the
Islamic Republic of Iran).
48. UNHCR has noted that the Iranian authorities no longer consider that Afghans should
enjoy the same status as previously and was concerned at the continued arrival of economic
migrants from Afghanistan. Whilst aware of the ongoing changes in cross-border movements,
UNHCR had continued to advocate for the introduction of formal mechanisms to identify
persons of concern to it. It had also drawn attention to the need to respect the voluntary
character of repatriation and to take account of Afghanistan's absorption capacities.
49. For the past two years, UNHCR had been actively facilitating the voluntary repatriation
of Afghan refugees through the provision of information and a series of other activities. In
two years, UNHCR had repatriated 660,000 Afghans. However, fewer returned from Iran
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in 2003 than in 2002. According to UNFICR, there were many reasons why Afghans might be
reluctant to repatriate. Socio-economic conditions still appeared to be better for refugees in Iran
than in many areas of origin in Afghanistan. Despite rehabilitation and development efforts
under way in Afghanistan, refugees were concerned about access to job opportunities, education,
health and other basic services. The deterioration of the security situation in certain parts of
Afghanistan, or for certain groups of Afghans, was an additional concern for some refugees.
50. Nevertheless, UNHCR continued to focus on phased, voluntary repatriation as the
durable solution for the vast majority of the Afghan refugees in Iran. With that in mind,
UNHCR had gradually reoriented its limited resources so as to provide increased support for
assistance and services to returnees in Afghanistan, while decreasing its refugee assistance
programmes in asylum countries. At the same time, UNHCR was initiating discussions with the
authorities to search for alternative solutions for those refugees who were unable or unwilling to
return on account of their personal situation.
51. The Afghan repatriation programme offered free transportation for returnees and their
belongings, medical assistance in the voluntary repatriation centres, and mine-awareness training
at the border exit points. However, the food component (packages of food provided to returnees
for the journey home) would be phased out in 2004.
52. In line with the policy of focusing spending on Afghanistan and reducing it in asylum
countries, in 2004 UNHCR decided to phase out its assistance to the approximately
40,000 Afghans residing in camps as well as its educational activities, in line with repatriation
objectives. Medical assistance would also be more restrictive and its support to help camp
refugees meet their hospital costs and settle other refugees' hospital bills would be phased out
completely. UNHCR would also reduce the scope of the One Time Assistance (OTA)
programme for vulnerable refugees through the introduction of more restrictive criteria.
53. Faced with a situation where the Government of Iran was taking measures to deport
Afghans who were not officially registered with the authorities and were therefore considered to
be irregular migrants, UNHCR had convinced the Iranian authorities about the need to screen
those who wished to raise protection issues. Accordingly, UNHCR and the Government had
reached agreement on the establishment of screening facilities in the border areas so that those
who had a fear of persecution if they returned could be identified and accorded temporary
asylum in a refugee camp. In order to do this, UNHCR was developing screening facilities for
deportees in the border areas.
B. International Organization for Migration
54. The TOM representative a.i. in Tehran told the Special Rapporteur about the
organization's activities with regard to the issue of migrants. An agreement had been reached
for the establishment of an “Academy for Migration and Refugee Studies” to strengthen the
capacity of the Government to manage migration and refugee issues and to facilitate the
formulation of legislation and policies regarding migration and refugee issues.
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55. The main activities foreseen in this regard were conducting research on migration and
refugee issues, the organization of seminars, workshops and other activities on migration and
refugee issues, and the establishment of a documentation unit and a database on migration issues.
Training activities were also envisaged, especially for law enforcement personnel dealing with
migrants.
VI. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
56. The Special Rapporteur is aware of the efforts authorities of the Islamic Republic
of Iran have made to accommodate populations which have fled their country in search of
peace and security. The humanitarian assistance provided to Afghans and Iraqis fleeing
their country has been duly noted. For Iran, this represents an economic and social
burden, given the constant and huge number of persons residing on its territory.
57. The Special Rapporteur notes that very often there is a tendency to equate the
situation of irregular migrants with that of refugees. The Special Rapporteur considers
that this confusion may be prejudicial to the protection of the rights of both migrants and
asylum-seekers.
58. The Special Rapporteur notes that Iranian authorities are not at this stage making
substantial efforts to identify in a serious and self-critical manner the situation of the
human rights of migrants and the problems they are facing. During her mission, she noted
that the Iranian authorities preferred to refer to refugees when discussing the situation of
migrants. This was particularly the case with regard to the situation of the Afghan
population in Iran, which the Special Rapporteur believes consists of both refugees in the
legal sense and also labour migrants.
59. The Special Rapporteur notes that there are a considerable number of migrant
workers, mainly Afghans, in some sectors of the Iranian economy, such as the construction
and agricultural sectors, and that many irregular migrants are exploited in the black
market.
60. The Special Rapporteur considers that the difficulties involved in curbing irregular
immigration are due to many factors, including the difficult economic and political
situation of the countries of origin and the fact that the migrants see Iran as providing
more opportunities; some Afghans are therefore encouraged to try their luck by relatives
and friends already living and working legally or irregularly, in Iran. The fact that there
are not yet clear policy, legislative and administrative measures in place for legal migration
from Afghanistan to Iran contributes greatly to irregular and extralegal cross-border
movements and encourages the use of smugglers and traffickers.
61. The Special Rapporteur notes that there are a number of ministries and
departments within ministries involved in dealing with the issue of migrants without a clear
delimitation of responsibilities or perceived coordination. This may lead to a risk of
discrepancies between the migration control programmes and policies under the
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responsibility of the Ministry of the Interior, and the assistance, education and integration
programmes and policies that are the responsibility of the Ministry of Labour and Social
Affairs.
62. The Special Rapporteur notes that integration efforts of migrants are being
frustrated by the obstacles which irregular status places in the way of the full integration
of the migrant and the migrant's enjoyment of his rights.
63. The Special Rapporteur notes a lack of knowledge of the guarantees and rights
which international human rights law accords and recognizes for migrants. This situation
may result in cases of arbitrary decisions and possible violations of human rights. In the
contexts of interception, return, expulsion and detention in particular, migrants run the
risk of possible abuses and violations, against which they are defenceless, owing to the
absence or insufficiency of legal assistance.
64. The Special Rapporteur notes that there are very few or almost no national NGOs
dealing with the issue of migrants. The very few Iranian NGOs with whom she met during
her stay in the country did not deal with the issue of migrants.
65. The Special Rapporteur considers that the work of Afghan associations to assist and
protect the rights of migrants should be commended and supported.
B. Recommendations
66. The Special Rapporteur considers that it is important to acknowledge that there are
a number of migrants in the Islamic Republic of Iran, most of whom are Afghans, and on
this basis to proceed to the implementation of a national policy of assistance and protection
for migrants. This policy must be put into effect from the human rights standpoint and
reflected in concrete programmes. Measures to ensure that migrants enjoy in practice the
rights to legal assistance in all administrative proceedings relating to their migration status
should be considered.
67. The Special Rapporteur recommends to the Iranian authorities that they initiate
and encourage more domestic research and evaluation of the presence, working conditions
and impact of foreign migrant workers on the Iranian economy and society. This would
help policy planners to better address issues of legal migration, to identify where foreign
labour is genuinely required and, as a corollary, to determine which sectors may require
protection against competition from migrant labour.
68. The Special Rapporteur recommends that the Government of the Islamic Republic
of Iran sign and ratify the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families. In the meantime, the Special
Rapporteur invites the Government to initiate a process of harmonizing national legislation
and public policies with the Convention and amending relevant legislation where
appropriate to ensure that the human rights of migrants and asylum-seekers are not
jeopardized.
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69. The Special Rapporteur supports the views of Afghans with whom she met and
requests the Government to extend the duration of residence permits from six months to
one or two years, as was done in the past. The Special Rapporteur would also support the
call she heard from migrants with whom she met to request the Iranian authorities to
maintain free access to education, social and health services to all migrants.
70. The Special Rapporteur notes with concern the situation of irregular migrants in
Iran in the cities, who suffer stigmatization and discrimination. In that regard, she deems
it important that the State should guarantee migrants who have no papers access to basic
educational and health services without discrimination.
71. The Government of Iran should provide adequate resources, adopt policies and
implement programmes to ensure the application of international human rights standards
concerning the apprehension of irregular migrants, deportation, family reunion and
conditions of detention; training of officials responsible for enforcing legislation on
migration to ensure its conformity with international human rights standards could be
envisaged.
72. Irregular migrants detained in Iran pending deportation should be given adequate
access to courts and lawyers and their cases reviewed by competent authorities without
undue delay, and steps taken to ensure that victims of trafficking are not criminalized.
73. Since the vulnerability of migrants is primarily due to their irregular situation, the
Special Rapporteur considers it important for the authorities to continue to provide
migration regularization programmes, with the support of civil society and Afghan
associations, and ensuring that they are accompanied by extensive information campaigns.
74. The Special Rapporteur considers that the strengthening of control systems should
not disproportionately affect previously existing measures, in particular those relating to
family reunification and integration of migrants who have been in Iran for several years.
The Special Rapporteur is of the view that it is necessary to pay particular attention to
Iranian women who have married Afghans as well as to their children. Particular
attention should also be devoted to those Afghans who were born in Iran and have been
living there since birth. The Government should consider providing a legal status to
Afghan children born in Iran as well as to Afghans married to Iranian women as well as to
their children. Measures to ensure the full and effective implementation of legislation
relating to unaccompanied minors in relation to reunification and documentation should
also be foreseen and implemented.
75. The Government should pursue its efforts, in cooperation with the Government of
Afghanistan, UNHCR and IOM, to better monitor deportations from “deportation
centres” and ensure adequate assistance and protection to deportees, to avoid abuses
during the deportation proceedings and detention up to the moment of departure for
Afghanistan; a UNHCR presence in the “deportation centres” and “detention centres”
would effectively safeguard the right to asylum and the voluntary nature of repatriation.
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76. The Special Rapporteur considers that frontier control per se does not ensure the
orderly management of migration in accordance with international human rights
standards. She appreciates the fact that the question of migration is the subject of an
ongoing dialogue with the countries of origin. The focus on safe, orderly migration in
decent conditions should be reflected in a dialogue, which goes beyond labour matters, with
the countries of origin. In the case of Afghanistan, the Special Rapporteur acknowledges
efforts by Iranian authorities to work with the Afghan authorities and considers it essential
that the dialogue between the two Governments be maintained. The focus of this dialogue
should be the prevention of irregular migration and co-development in the countries of
origin; greater international cooperation efforts are needed to assist migrants in Iran, and
those returning to Afghanistan.
77. Afghan associations should continue providing support, in terms of knowledge,
awareness-raising and development of skills, to Afghans residing in Iran in order to
strengthen family structures, prevent abuses and exploitation and facilitate reintegration.
78. The Special Rapporteur considers it important that civil society organizations
should look into issues related to the human rights of migrants and initiate a dialogue with
the State to protect and promote the human rights of migrants. In that regard, she
considers it important that existing Afghan organizations should share their knowledge
and experience and provide the Iranian authorities with advice. She encourages
organizations of migrants and their families to continue to step up their advocacy for
protection of their rights.
79. The United Nations Country Team and other international agencies such as IOM
and ILO should strengthen their support to the Government of Iran in dealing with issues
related to migrants. The Special Rapporteur also considers that it is of fundamental
importance to provide assistance to members of migrant families in the areas where
irregular migration originates.
80. The Special Rapporteur encourages the Government of Iran to continue its policy
aimed at improving the conditions of Iranians who wish to return to Iran and facilitating
the return of those Iranians residing outside the country. She also notes that Iranian
authorities are engaged in a dialogue with other States to conclude bilateral agreements to
regulate migration abroad by its nationals and to coordinate among all relevant ministries
all matters relating to migrant workers.
