The Demands of the Minorities

 

In today’s world, the issue of the minorities’ demands is raised because the spread of large and dominant cultures equipped with powerful information and government tools has been seen as a threat to their identity.

 

In the West, this indicates one of the inherent contradictions of the phenomenon of modernity, that is, the simultaneous emphasis on universalism, particularism and individualism. But even in other parts of the world, in which a national state or nation-state had not been established, this issue emerged differently due to the presence of Western civilization and the need to form a new and modern state. In the Third World, the ruling state or elites, who often either belong to the predominant ethnic group within the various ethnic groups of these lands or share a common discourse, assume the responsibility for establishing and defining the nation.

 

The demands of minority groups are related to their demographic status and spatial distribution and density. 

 

The History of Minority Rights in Iran

 

Islam, as a religious and value system, was confronted with some religions, which over time became the religion of a minority due to the spreading of Islam. There are numerous documents including the ones related to the early days of Islam, which address the subjects pertaining to the people of the covenant (dhimmis) such as the treaties that Prophet Muhammad (s) and the infallible Imams signed with them as well as the jurisprudential issues. Such documents show how much other religions are respected in Islam.

 

In Islamic law, when the dhimmis were considered as the People of the Book (Jews, Christians, and Zoroastrians), they would enjoy reciprocal rights under a contract with the Islamic government. According to these contracts, in exchange for enjoying security and support from the Islamic government, they had to refrain from engaging in any hostile actions against the government. In addition, they could act upon their own religious laws for dealing with affairs related to their community which means they had freedom in performing rituals and ceremonies.

 

In the modern era, minorities are not included in the constitution and civil law of the constitutional era because the draftsmen who wrote the contemporary Iranian civil law often had a citizenship attitude influenced by French law and therefore, they have focused on the principle of citizenship of the country. They considered the issue of religion and freedom of conscience to be a personal matter. Only collecting tribute from religious minorities was replaced by paying the taxes. Such a shortcoming addressed by the single article “the act authorizing the observance of personal status of non-Shi’ah Iranians in courts” based on which “regarding the personal status, the right of inheritance and the rights emanating from testaments of the non-Shi’ah Iranians whose creed has been recognized by the laws, the courts must observe the established principles and practices prevalent in the relevant creed.”

 

Minority Rights in the Constitution of the Islamic Republic

 

In the current situation in Iran and according to the current constitution, three categories related to minorities can be distinguished: religious minority (Zoroastrianism, Judaism and Christianity), non-Shi’ah Islamic schools (Hanafi Sunni, Maliki, Hanbali and Zaydi) and ethnic minority (whose names are not mentioned, but certain Articles such as 15 and 19 have addressed them).

 

One may simultaneously fall under the categories of ethnic minority (according to Article 19 of the constitution; ethnicity, tribe, colour, race, language and the like) and religious minority. This is the case with the Iranian Armenians who, in addition to being Christian (Armenian Apostolic Church), have a distinct language and culture as well (ethnicity). Therefore, it can be expected that special rights will be considered for each of these “layers of identity.”

 

The Rights of Religious Minorities (Non-Shi’ah Islamic Schools)

 

Since the 1979 Revolution was Islamic and led to the formation of an Islamic government, it was ideologically distinguished from religious minorities who, compared to other types of minorities in Iran, have been addressed more in the constitution. (It should be noted that in the review of the constitution which took place in 1989, the status and rights of minorities did not undergo any change.)

 

Equality of the Rights of Minorities and other Members of Society

 

In most of the Articles pertaining to the rights and freedom of individuals, the constitution addresses the individuals without making any distinction, (even between men and women), and therefore those freedoms and rights are granted to the whole nation, including religious minorities. However, at least in Articles 19 and 20, this equality is explicitly mentioned. Article 19 stipulates that: “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.”

 

Also, after emphasizing that “all citizens of the country” equally enjoy the protection of the law, Article 20 states that they also enjoy all human, political, economic, social, and cultural rights, “in conformity with Islamic criteria.”

 

Freedom of Adherence to Religious Beliefs (Freedom of Conscience) and Performing Religious Rites

 

Article 13 of the constitution covers this right of religious minorities and stipulates that “the recognized religious minorities, 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.” In this Article, “personal affairs” refers to what has been mentioned in the previous Article (Article 12) based on which it includes marriage, divorce, inheritance and will. Moreover, religious education should also mean teaching religious lessons about a minority creed in special schools or centers.  

 

Social and Political Rights of Religious Minorities

 

The formation of various associations and institutions to advance the religious goals of minorities (in accordance with the regulations with which all citizens must comply) is stipulated in the constitution. Article 26, in which the issue of forming Islamic parties, societies, and associations is permitted, addresses religious minorities as well. This is a right that is called the freedom of forming an association or party. The constitution also does not prohibit the membership of religious minorities in associations and guilds. In addition to forming communities and associations, religious minorities can participate and be active in existing groups and associations.

 

On the other hand, according to some Articles such as Clause 8 of Article 3, which stipulates public participation, Article 20 which addresses the equality of all individuals, along with Article 6 which states that the affairs of the country must be administered on the basis of public opinion expressed by the means of elections, it becomes clear that the minorities, as the same as other citizens, enjoy the right to political participation in the elections. The complete fulfillment of this partnership is reflected in Article 64: “The Zoroastrians and Jews will each elect one representative; Assyrian and Chaldean Christians will jointly elect one representative, and Armenian Christians in the north and those in the south of the country will each elect one representative.” 

 

When considering that religious minorities in Iran make up less than one percent of the country’s population, one would realize that the ratio between the number of their representatives and demographic composition is more than their optimal number. This is one of the rules for protecting the rights of minority groups and guaranteeing their political participation, which is called “guaranteed seats.” Based on the constitution of Iran (Article 14), in accordance with verse 8 of Surah al-Mumtahanah, the government of the Islamic Republic of Iran and all Muslims are duty-bound to treat “non-Muslims” in conformity with “ethical norms” and “the principles of Islamic justice and equity,” and to respect their “human rights.”

 

Religious Minorities (Non-Shi’ah Islamic Schools of Thought)

Religious minorities in this article refer to those who believe in one of the Islamic schools of thought other than Twelver Shi’ism. According to Article 12, they include the Hanafi, Shafi’i, Maliki, Hanbali, and Zaydi.

 

The Equality of the Rights of Minorities and other “Members of Society”

 

Articles 19 and 20 of the constitution emphasize the equality of the “Iranian people” and their rights and do not consider “colour, race, language, and the like” as privileges. Of course, the term “the like” includes the difference in religion. Also, as Article 20 stipulates, all citizens of the country equally enjoy the protection of the law. 

 

Freedom of Opinion and Performing Religious Rites

 

The constitution pays attention to this right of religious minorities. Article 12 states: “The followers of recognized Islamic schools of thought are free to act in accordance with their own jurisprudence in performing their religious rites. These schools enjoy official status in matters related to religious education, affairs of personal status (marriage, divorce, inheritance, and wills) and related litigation in courts of law.”

 

Social and Political Rights

 

Article 26 of the constitution does not refer to religious minorities when addressing the issue of “the formation of parties, societies, whether Islamic or pertaining to one of the recognized religious minorities” and apparently, this right falls under the category of “Islamic associations.” According to various Articles of the Constitution (Articles 6, 3 and 20 as well as Clause 20) religious minorities, as the same as other citizens, enjoy the right to vote and political participation.

 

Ethnic Minorities

 

While referring to the diversity of “ethnicities and tribes” in Iran, Article 19 of the constitution grants equal rights to all of them regardless of “colour and race, language and the like.” Therefore, ethnic minorities, in the first place, are considered equal to other citizens.

 

The most obvious case in which specific ethnic rights are addressed is the issue of cultural freedom and the possibility of preserving ethnic identity to which Articles 15, 19, 20, 24, and 26 refer. After introducing and determining the official language of the country and mentioning that “the official documents, correspondence, and texts, as well as text-books, must be in Persian language and script,” Article 15 of the constitution refers to various freedoms with respect to using “regional and tribal languages” including freedom of using these languages in the press and mass media, as well as teaching their literature in schools in addition to Persian.

 

Reference: Strategic Studies Quarterly. Vol 6, No 22, Spring 2004, Pp 853-875.

 

 

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