The Minority Rights in the International Laws and the Islamic Republic of Iran (2) Minority Rights in the Islamic Republic of Iran

The Thought of the Islamic Revolution
The Minority Rights in the International Laws and the Islamic Republic of Iran (2) Minority Rights in the Islamic Republic of Iran

A) Religious Minorities in Iran

 

Religious minority groups in Iran are divided into three general categories: Christian, Zoroastrian, and Jewish.

 

1. Christians

 

At the end of the 6th century, Christianity was spread in different areas such as Esfahan, Yazd, Tehran, Shiraz and Mashhad. Two-thirds of Iran’s Christians are Armenian and another third are Chaldean and Assyrian.

 

  • Assyrians

 

According to the available evidence, the Assyrians have lived in Iran for centuries. They have accepted Christianity since its emergence. Assyrians, like Armenians, have different denominations which include: the Eastern Assyrian Church, Catholic, Evangelical and Assembly of God. The occurrence of the Islamic Revolution in Iran brought a new promise for the Assyrians.

 

Like other official religious groups, they used freedom, preserved their religion and ethnic traditions and promoted it within the society. They could freely teach their own language in special schools. The Assyrian society is proud of holding religious ceremonies and rituals. Assyrians have had more than 90 historical churches from the first years of accepting Christianity. What the Assyrians are most proud of is that despite their small population, they enjoy having a representative in the Islamic Consultive Assembly.

 

  • Armenians

 

The Armenians of Iran are one of the ethnic groups that, according to historical accounts, had a history of living in Iran before the 3rd century; on the other hand, the connection between the Armenians as the inhabitants of the land of Armenia and the Iranians goes back to the ancient past. During the Parthian era, the political and social relationship between Iranians and Armenians was strengthened. With the beginning of the Safavid era and under the order of Shah Abbas, Armenians were taken to and settled in the cities of Esfahan, Rasht, Qazvin and Shiraz. In general, the political and social activities of Armenians in Iran are divided into three periods.

 

First, the political-social activities of the Armenians date back to the time of Shah Abbas. Second, after the occurrence of the Constitutional Revolution and the drafting of the constitution, minorities were given the right to citizenship. Third, the period of social and political activities of Armenians after the Islamic Revolution of Iran. Decision-making in the Armenian community of Iran is the responsibility of the Armenian Apostolic Diocese which, as the highest authority for dealing with religious matters, has the duty of supervising cultural, social and political affairs. Armenians, like other minorities mentioned in the constitution, enjoy complete freedom to practice their religion. This is reflected in a large number of their churches, schools and cultural centers. Currently, five branches of Armenian Christians are living in Iran including: Catholic, s, Orthodox, Seventh-Day Adventist, Carmelite, and Protestant.

 

2. Zoroastrians

 

Today, Iranian Zoroastrians engage in religious and cultural activities in Yazd, Kerman, Shiraz, Tehran and to some extent in Ahvaz and Esfahan. About sixty thousand Zoroastrians live in Iran. Iranian Zoroastrians, like other religious minority groups, have representatives in the Islamic Consultive Assembly. There are schools and publications in Iran which are dedicated and belonged to Zoroastrians, and they study in some high schools such as Markar in Tehran. A magazine called Amordad which belongs to the Zoroastrian organizations in Iran is published every week. Zoroastrians who, based on their religious beliefs, attach great importance to development and construction, have always been pioneers in public services. Many schools, hospitals, and public parks have been built by Zoroastrian philanthropists.

 

3. Jews

 

Nowadays, their population has reached less than 25,000 people. More than half of the remaining Jews live in Tehran and they mostly turned to freelance jobs, though legally they could take any job. After the formation of the Islamic Consultive Assembly, a seat was allocated to the religious minority of Jews. According to the constitution, the Jews have one representative in the Islamic Consultive Assembly. The political, social and religious movements of the Jewish community are concentrated in the three circles of the Jewish religious authority, the Jewish representative in the Islamic Consultive Assembly and the board of directors of the Tehran Jewish Association. Even now, this community has its own cultural complexes, youth organizations, shops and libraries. The Jews of Tehran built many schools, which are governed and managed under Iran’s education system.

 

B) Ethnic-Linguistic Minorities in Iran

 

Due to Iran’s racial homogeneity, there is no racial minority of Iranian origin in the country. However, given the geographical variety of the country, ethnic, linguistic and religious minorities can be identified in different parts of Iran. The most important ethnic-linguistic minorities of Iran include Turk, Kurd, Arab, Lor, Bakhtiari, Gilak, Tat, Taleshi, Baloch, etc., among which the Turkish ethnic-linguistic minority is considered the largest linguistic minority in Iran. Moreover, the population affiliating with this minority plays an important role in the political and economic affairs of the country.

 

C) Civil Rights of Minorities in Iran

 

Legal guarantees and general policies regarding the fight against discrimination based on religion and belief require that according to the constitution of the Islamic Republic of Iran, religious minorities freely practice and perform their own religious rituals and ceremonies. Article 12 of the constitution states: “The official religion of Iran is Islam and the Twelver Ja’fari school of thought and other Islamic denominations, including the Hanafi, Shafi’i, Maliki, Hanbali, and Zaydi, are to be accorded full respect, and their followers are free to act in accordance with their own jurisprudence in performing their religious rites. These schools enjoy official status in matters pertaining to religious education, affairs of personal status (marriage, divorce, inheritance, and will) and related litigation in courts of law. In regions of the country where Muslims following any one of these schools constitute the majority, local regulations, within the bounds of the jurisdiction of local councils, are to be in accordance with the respective school without infringing upon the rights of the followers of other denominations.”

 

Also, in Article 13 we read: “Zoroastrian, Jewish, and Christian Iranians are the only recognized religious minorities, who, within the limits of the law, are free to perform their religious rites and ceremonies, and to act according to their own canon in matters of personal affairs and religious education.” Moreover, Article 19 states: “All people of Iran, whatever the ethnic group or tribe to which they belong, enjoy equal rights; and colour, race, language, and the like, do not bestow any privilege.” Additionally, Article 20 stresses that: “All citizens of the country, both men and women, equally enjoy the protection of the law and enjoy all human, political, economic, social, and cultural rights, in conformity with Islamic criteria.”

 

In addition to the basic laws, the above matters are also emphasized in typical regulations. Take for example a single article entitled “The Law on Observance of Identity Status of Non-Shi’ah Iranians, approved in 1933” which addresses the personal affairs and inheritance rights and will pertain to non-Shi’ah Iranians whose religions have been recognized: The courts must observe their rules and customs of their religion, except in cases where the issue is related to the public order.

 

Also, according to Article 143 of the Executive Regulations of the Organization of Prisons and Security and Educational Measures, approved in 2001, when one is taken to prison, his official religion should be registered in the questionnaire, and he should be provided with necessary means and facilities to perform his religious rituals, with the help of the Ministry of Culture and Islamic Guidance along with the prison officials, so that the religious foundations of the prisoners will be strengthened and their religious customs and ceremonies will be preserved.

 

An interesting point to note about religious minorities in Iran is that despite the approval of the Islamic Penal Code of the country, they have immunity from some punishments. Even due to respecting the principles of equality, some Islamic rulings have been changed by the fatwa of the Supreme Leader. For example, according to his fatwa, the blood money for recognized religious minorities in Iran has become equal to that of a Muslim Iranian. Other minority rights include choosing the school principals or teachers from among the minorities, facilitating the issuance of their passports for leaving the country, enjoying the right to carry out cultural, art, sports and recreational activities, being able to pursue higher education and publish or sell books, being provided with the opportunity to get a government job or an academic position, being able to get certificates and licenses for cultural, art and entertainment activities, and having special schools and cemeteries.

 

D) The Political Rights of Minorities in Iran

 

As stated by the constitution, recognized religious minorities can have a representative, who follows their religion, in the Islamic Consultive Assembly. According to Article 64 of the constitution, the Zoroastrians and Jews will each elect one representative; Assyrian and Chaldean Christians will jointly elect one representative; Armenian Christians in the north and those in the south of the country will each elect one representative. The limits of the election constituencies and the number of representatives are determined by the number of their population in the country; because given the ratio of the country’s population to the total number of representatives, the number of their representatives is fair and in proportion to their population. Furthermore, after the victory of the Islamic Revolution, the high-ranking officials of the Islamic Republic had more interactions and communications with the minorities compared to other societies. This shows how significant religious minorities are in the view of the country’s officials. A clear example in this regard is the presence of the then President at the Jewish Ilanut Ceremony (Festival of Trees) held in 2004 in the Youssef Abad Synagogue of Tehran, an action that is unprecedented in the 2,700 years of Jewish settlement in Iran.

 

E) The Position of Baha’is in Iran

 

The Baha’i sect is not one of the divine religions - contrary to the claims of the Baha’is who believe that Baha’ullah had brought a new religion – and rather acts as a political party and opposition to the Islamic system. It is based in Israel and its followers are engaged in political activity against the Islamic Republic of Iran, Islam and Shi’ism. Therefore, the Islamic Republic of Iran does not recognize them. Although according to the constitution, the Baha’i sect is not considered a religious minority such as Christians, Assyrians, Zoroastrians, etc., some countries by referring to this sect as a religious minority claim that they are living in difficult conditions, whereas the Islamic Republic of Iran treats Baha’is like other citizens. They are powerful and influential people, and they study in both schools and universities in the country. However, if they commit a crime, they will be prosecuted, regardless of their ideological tendencies. The global arrogance, especially the United States, under the guise of defending human rights and freedom of expression and belief, has always officially backed Iran’s Baha’is. Between 1982 and 1994, i.e., during twelve years, the Americans passed six laws in support of the Baha’is, and as Bill Clinton, the then president of the United States has stated, the United States is trying to form an international initiative against Iran in an attempt to impose pressure on the country for respecting the rights of religious minorities. In fact, the United States, in line with its political and military pressures concerning issues such as peace in the Middle East, Iran’s nuclear case, and freedom, seeks to introduce the Baha’i sect as a religious minority.

 

Reference: Human Rights Research Letter. Vol 2, No. 4, Summer 2016, Pp 47-70.

 

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