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Situation of the Bah5Ms in the Islamic Republic of han
Review of human rights violations
Since 1979, Bah t'is in the Islamic Republic of ban have been subjected to attack,
harassment and discrimination solely on account of their religious beliefs. OEe extent
and systematic nature of this persecution have been well documented over the years in
reports issued by the United Nations Special Representatives.
Offcials of the banian government have oifien claimed that resolutions adopted by the
UN Commission on Human Rights were not helpful to the process of promoting
human rights in their country. They have had the opportunity to demonstrate their
willingness to progress on their own since the Commission suspended its monitoring
in Iran last year. Unfortunately, however, we must report that the collective and
individual rights of Bah t'is — not just civil and political rights, but a wide range of
social, economic and cultural rights, as well — are still being systematically violated.
ban's anti-Bah t'i actions are not random acts, but deliberate government policy. A
secret government document, obtained and published by the Commission in 1993,
serves as a blueprint for the slow strangulation of the Bah t'i community. Produced by
ban's Supreme Revolutionary Cultural Council and approved by the Islamic
Republic's Supreme Leader, this document sets forth speciffic guidelines for dealing
with “the Bah t'i question” so that Bah t'i “progress and development shall be
blocked.” OEere can be no doubt that the policy is still in eLect today.
OEe Bah5M community poses no threat of any kind to the authorities in Iran. It is not
aligned with any other government, ideology or opposition movement. OEe principles
of the Faith require Bah t'is to be obedient to their government and to avoid partisan
political involvement, subversive activity and all forms of violence. Moreover,
Bah 'is seek no special privileges. They desire only respect for their rights under the
International Bill of Human Rights, of which ban is a signatory.
Recent government initiatives to promote the rights of religious minorities were never
intended to include the Bah5Ms. OEe Constitution of the Islamic Republic of ban
stipulates (in Article 13) that Zoroastrian, Jewish, and Christian Iranians are the only
recognized religious minorities . Thus some 300,000 Bah t'is — who constitute the
largest religious minority in the country — do not beneffit from government initiatives
such as the Iranian National Committee for the Promotion of the Rights of Religious
Minorities, or the recent OElood money” legislation. Bah5Ms are not a recognized
minority under the Constitution, and the Islamic regime still refers to the Bah 'i Faith
as a heresy and a conspiracy. Classiffied as “unprotected inffidels”, Bah t'is have no
legal rights or protection at all, even though ban is a signatory of the International
Covenant on Civil and Political Rights, which guarantees freedom of religious belief
Executions, death sentences and imprisonment
Since 1979, more than 200 Bah t'is have been killed, and 15 others have disappeared
and are presumed dead. OEe last Bah i executed was hanged on 21 July 1998.
During the past few years, all of the Bah5Ms sentenced to death have either been
released or had their sentences reduced. OEe government has stopped sending
members of the community to prison for apostasy. Instead, the authorities now use
arrest, interrogation and short-term imprisonment as a means of harassing and
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intimidating Bah is. This practice is more diffcult to monitor and report to the
international community.
As of February 2003, four Bah t'is are still being detained in Iranian prisons because
of their religious beliefs; Mr. Bihnam Mithaqi and Mr. Kayvan Khalajabadi are
currently serving 15-year sentences and Mr. Musa Talibi and Mr. Dhabihu'llah
Mahrami are sentenced to life imprisonment.
Denial of the right to organize as a peaceful religious community
Since 1983, the Bah t'i community in han has been denied both the right to assemble
offcially and the right to maintain its administrative institutions. It should be pointed
out that:
- in other countries, these democratically elected bodies organize and administer the
religious activities of the community;
- these sacred institutions perform many of the functions reserved to clergy in other
religions and are the foundational element of Bah t'i community life; and
- since the Bah 'i Faith has no clergy, the denial of the right to elect these institutions
threatens the very existence of a viable religious community.
OEe Iranian Bah t'is gradually developed makeshiifi arrangements to worship in small
groups, conduct classes for children, and take care of other community needs.
However, authorities continue to harass them by disrupting meetings, arresting
teachers, and giving students and participants suspended sentences to be carried out
should they again commit these “crimes”. The use of suspended sentences is a
threatening tactic devised by the Ministry of hiformation (hitelligence). Under recent
government practice, the Bah5Ms receive no written documentation relating to their
arrest or punishment.
Denial of access to education
An entire generation of Bah t'is has been systematically barred from higher education
in legally recognized public and private institutions of learning in Iran. Aifier having
been denied access to these institutions for many years, the Bah 'is established their
own higher education programme in 1987. hi 1998, however, intelligence offficers
arrested (and subsequently released) some 36 faculty members of the Bah t'i histitute
of Higher Education (BIHE) and also seized textbooks, papers, records, computers
and furniture.
hi 2001, three classrooms used by members of the community were seized, and mid-
2002 an instructor of Bah5M youth was summoned to the Intelligence agency. hi July
2002, the authorities disrupted BIHE qualiffication examinations in eight diLerent
locations simultaneously, videotaping proceedings, interviewing students,
conffiscating examination papers and Bah t'i books — thus showing that the
government is pursuing its established policy of intimidation.
OEe Bah t'i Faith places a high value on education. Bah t'is have always been among
the best-educated groups in Iran, and the erosion of their educational level is
inevitably impoverishing the community.
Conffiscation and destruction of community properties
Bah 'i cemeteries, holy places, historical sites, administrative centres and other assets
were seized shortly aifier the 1979 revolution. No properties have been returned, and
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many have been destroyed.
Seizure of cemeteries throughout han has created problems for Bah t'is, who have
diffculties burying their dead and identifying gravesites. OEey are permitted access
only to areas of wasteland, designated by the government for their use, and are not
permitted to mark the graves of their loved ones.
Conffiscation of properties belonging to individual Bah t' is
OEe property rights of Bah t'is are generally disregarded. Since 1979, large numbers
of private and business properties belonging to Bah t'is have been arbitrarily
conffiscated, including homes and farms.
In recent months, there has been an increase in conffiscations. Sometimes when
property is conffiscated, a court decree is issued, stating that the owner is an active
member of the misguided Bah i sect”.
Denial of employment, pensions and other beneffits
OEe government is also systematically weakening the economic base of the Bah t'i
community by depriving many Bah t'is of the means to earn a living.
In the early 1980s, more than 10,000 Bah t'is were dismissed from positions in
government and educational institutions. Many remain unemployed and receive no
unemployment beneffits; many others had their pensions terminated and some were
even required to return salaries or pensions paid before their dismissal.
Employment opportunities are still limited. Even when Bah is ffind employment in
the private sector, in many cases government authorities somehow intervene and force
the owners of the companies concerned to ffire them. When Bah is start a private
business, the authorities attempt to block their activities. Moreover, there have been
what we believe to be attempts to scare Bah5Ms engaged in agriculture away from
their land.
Denial of civil rights and liberties
Under Iranian law, Bah t'is have no legal protection and thus their rights can be
ignored with impunity. Harassment continues unabated in a number of communities.
OEe application of some laws has been modiffied. During the year 2000, measures
taken by the government made it possible for married Bah t'i couples to be registered
as husband and wife and for the children of such couples to be registered. But the
relevant law has not been changed; neither Bah t'i marriage nor Bah t'i divorce is
legally recognized in Iran. The right of Bah t'is to inherit is also denied.
OEe freedom of Bah t'is to travel outside or inside Iran is oifien impeded by Iranian
authorities and sometimes denied. Although recent years have witnessed an increase
in the number of Iranian Bah t'is given passports, it is not clear that there has been a
change of government policy on this issue.
Recent off cial statements
I ranian representatives have made several encouraging statements in international fora
during the past two years. In the June 2000 Session of the ILO, the representative of
Iran reportedly stated: Although the members of the Bah t'i faith do not belong to a
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recognized religious minority, under the terms of the legislation approved by the
Expediency Council in 1999, all Iranians enjoy the rights of citizenship irrespective of
their belief” At the meeting of the Committee on the Rights of the Child held in May
2000, the Iranian representative reportedly said that the adoption of this new law had
improved the situation of those who followed non-recognized religions and beliefs
such as the Bah t'i faith.”
We welcome these statements, but we have yet to see any evidence that the right to
citizenship” legislation is being implemented. The patterns of persecution detailed
above persist to this day.
Claims by the Islamic Human Rights Commission (IHRC) to have achieved some
success in investigating a number of cases involving Bah t'is also appear to be
unfounded. Bah t'is in Iran did submit some cases to the IHRC when it was ffirst
established, and representatives of the Bah i hiternational Community spoke with the
IHRC delegation to the Commission on Human Rights last year. But no steps have
been taken by the IHRC to resolve any of the cases or to defend the rights of the
Bah5M religious minority in han. On the contrary, the situations of some Bah t'is
concerned in the cases submitted to the IHRC have actually worsened.
Summary conclusion
Overall, we must report that persecution of the Bah t'is in the Islamic Republic of Iran
has intensiffied since the Commission on Human Rights decided to suspend formal
monitoring in this country. Arrest and short-term detention of Bah5Ms has increased;
teachers and students continue to be harassed; more properties have been conffiscated;
and attempts have been made to scare Bah5Ms oLtheir land.
OEe I ranian government is now declaring — especially to the European Union, with
whom it has started a Human Rights Dialogue — that it is committed to improving the
human rights situation within its borders. We would like to be hopeful, but we have
yet to see the government take even one clear step toward ending the persecution and
discrimination faced by the Bah is, let alone make any move in the direction of
establishing full legal protection for the Bah5M community.
