COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
Forty-third session

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 9 OF THE CONVENTION

Concluding observations of the Committee on the
Elimination of Racial Discrimination


Islamic Republic of Iran

257. The Committee considered the ninth, tenth, eleventh and twelfth periodic reports of the Islamic Republic of Iran, submitted in a single document (CERD/C/226/Add.8), at its 989th and 990th meetings, held on 4 August 1993 (see CERD/C/SR.989 and 990).

258. In introducing the reports, the representative of the reporting State stated that his country was committed to pursuing policies, both nationally and internationally, designed to help eliminate racial discrimination in all its forms. Different ethnic groups existed in the Islamic Republic of Iran, but they had become mixed and interlinked in the course of history. All citizens were equal before the law and were equally entitled to participate in the political life of the country.

259. Members of the Committee welcomed the fact that the Government of the Islamic Republic of Iran had resumed its cooperation with the Committee eight years after the consideration of the previous report. They regretted, however, that the report had not been prepared in accordance with the Committee's guidelines for the presentation of State party reports and that it did not contain sufficient information allowing the Committee to assess how the Convention, particularly articles 5, 6 and 7 thereof, was implemented in practice in the Islamic Republic of Iran. They observed, in that connection, that statements by the Government rejecting all forms of racial discrimination were not sufficient to prove fulfilment of its obligations under the Convention.

260. Members of the Committee noted that the report contained no information about the ethnic composition of the country and recalled that such information had been requested by the Committee when it had considered previous reports of the Islamic Republic of Iran and that the Iranian representative had promised to provide it. They wished to know, in particular, whether Turks, Turkomen, Kurds, Lurs, Baluchis, Farsis and Arabs were the only ethnic and linguistic groups in the country; what the status of the Lurs and the Baluchis was; what the differences between the Turks and Turkomen were; and what the policy of the Government was with regard to the Baluchis. Detailed information was also requested about the extent to which children of minority ethnic groups received instruction at school in their mother tongue, as well as the percentage, in Iranian legislative bodies, of elected members from ethnic, religious and linguistic minorities. It was observed that, as approximately 50 per cent of the whole Iranian population belonged to minority groups, it was important to know their status and the way in which they fitted into the political, economic, social and cultural life of the country. Members of the Committee also asked whether economic and social projects were under way to improve the level of development and living conditions of persons belonging to minority groups; what the proportion was of posts in the public service and in the principal professions which were held by members of ethnic minorities; how many of them achieved a higher education; what the position was of Kurdish opposition groups; and whether population censuses registered citizens by ethnic background. Members of the Committee stressed that ethnic monitoring in the Islamic Republic of Iran would be a way of assessing whether the State party's professed policy of ensuring racial respect was being implemented in practice.

261. Referring to article 2 of the Convention, members of the Committee observed that the provisions of article 19 of the Constitution of the Islamic Republic of Iran, according to which members of all ethnic groups or tribes enjoyed equal rights, were not entirely equivalent to the prohibition of racial discrimination required under the Convention. It was also suggested that the Iranian authorities should promote research into where, if anywhere, racial discrimination actually occurred in the society. In addition, it was asked whether any integrationist multiracial organizations existed in the Islamic Republic of Iran.

262. With regard to article 4 of the Convention, members of the Committee requested information on the practical application in the Islamic Republic of Iran of the Law of Punishment for Racial Discrimination Propaganda (1977). They asked, in particular, whether any cases had been brought to court under that law and, in that connection, what the status of the Convention was vis-à-vis the Constitution and legislation and whether the Convention could be invoked directly in the courts.

263. In connection with article 5 of the Convention, members of the Committee stressed that, since no information had been provided by the Government on the implementation of that article, they had to rely on other information emanating from the Special Rapporteur on the Islamic Republic of Iran of the Commission on Human Rights, the Sub-Commission on Prevention of Discrimination and Protection of Minorities and non-governmental organizations active in the field of human rights. They understood that there were groups (Pasdasan and Basij) exercising police functions that did not form part of the State's security forces, and enquired about measures to ensure that those groups acted in accordance with the law and the State's international obligations. Were police and military personnel trained in human rights? Some information indicated that discriminatory measures were applied against followers of religions not recognized in the Islamic Republic of Iran, especially the Baha'is and that the latter religious community was subjected to particularly serious human rights violations. Members of the Committee, therefore, asked whether the Baha'i community was distinguished by descent; why it was discriminated against and its religion denied official recognition; why it was prohibited from electing leaders and conducting religious activities; why Baha'i marriages were not recognized and Baha'is denied access to higher education and to certain economic activities and employments. Members of the Committee also wished to know to what extent the various ethnic and religious groups in the Islamic Republic of Iran enjoyed the right to participate without distinction in elections, the right to freedom of thought, conscience and religion, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association.

264. With reference to article 6 of the Convention, information was requested concerning the Iranian judicial system and, in particular, the procedures for training judges, their status, independence and tenure of office and the existence of any judges coming from minority groups. It was pointed out that numerous allegations indicated that violations of human rights, including arbitrary arrests, summary executions, torture and cruel and degrading treatment, were perpetrated by the Revolutionary Guards and it was asked what the Government had done to ensure that the Revolutionary Guards acted in accordance with the law and international obligations assumed by it and what protection and remedies were made available to individuals in the case of violation of their rights.

265. In connection with article 7 of the Convention, it was asked whether any training in human rights was provided to the police and military personnel.

266. In his reply, the representative of the State party pointed out that some of the questions raised by members of the Committee had been answered in the reports recently submitted by his Government to the Human Rights Committee and to the Committee on Economic, Social and Cultural Rights and in the statements made by the representative of his country when those reports had been considered by the two aforementioned bodies.

267. Concerning the composition of the population of the Islamic Republic of Iran, the representative said that no census showing the ethnic background of Iranian citizens had been carried out in the country. The State sought to protect individual rights and freedoms irrespective of any ethnic consideration, and there was no mention of ethnic background in application forms for jobs, posts in the public service or university enrolment. As for the composition of the Iranian Parliament, it consisted of less than 300 members; three seats were reserved for Christians whereas Muslims held 200 seats. Furthermore, there were linguistic groups in the country, but the persons belonging to them were simply Iranians who spoke different languages.

268. Concerning article 2 of the Convention, the representative stated there was no multiracial organization in his country working for objectives of its own, since Iranian society was not multiracial.

269. With regard to article 5 of the Convention, the representative rejected the allegations of human rights violations in the Islamic Republic of Iran contained in reports or resolutions of the Commission on Human Rights and the Subcommission on Prevention of Discrimination and Protection of Minorities, and in information provided by non-governmental organizations. He went on to say that the Iranian State, like 51 other Islamic States, did not recognize the Baha'is as a religious group, but that, in accordance with the Iranian Constitution, no one could be attacked or reprimanded for their opinions, and the rights of all citizens had to be protected regardless of their ideas, convictions or political tendencies. The Baha'is were consequently not subject to any prohibition, particularly with regard to access to university on the basis of their beliefs.

270. Concerning article 6 of the Convention, the representative said that in his country the Court of Administrative Justice, under the authority of the Supreme Council of Justice, was responsible for considering complaints, grievances and protests by individuals against government officials, bodies or regulations, or concerning recognition of their rights. Generally speaking, training courses in human rights were provided for judges.

Concluding observations

271. At its 1009th meeting, held on 18 August 1993, the Committee adopted the following concluding observations.

(a) Introduction

272. The Committee welcomed the resumption of the dialogue with the Government of the State party eight years after the consideration by the Committee of the previous report. The Committee regretted, however, that the twelfth periodic report did not contain useful information that would enable it to examine the implementation of the Convention by the State party. The report had not been drawn up in accordance with the Committee's guidelines for the presentation of State party reports (CERD/C/70/Rev.3). It provided very little information on legislative provisions against racial discrimination and did not contain information on judicial and administrative practices relating to the implementation of the Convention by the Islamic Republic of Iran. Compared to the eighth periodic report of the State party, considered in March 1985, the twelfth periodic report was a step backwards. The Committee welcomed the information provided orally by the representative of the reporting State, which clarified many issues, although a great number of questions raised by the Committee had remained unanswered. The lack of information had made it difficult for the Committee to assess how the Convention was being implemented in the Islamic Republic of Iran. The Committee therefore had to rely upon other sources of information such as the reports of the Special Rapporteur on the Islamic Republic of Iran of the Commission on Human Rights and the reports of non-governmental organizations, to assess to what extent the State party was confirming to the international commitments it had assumed under the Convention.

(b) Principal subjects of concern

273. The Committee noted the lack of information which should have been provided by the Government of the Islamic Republic of Iran with regard to the legal status of the Convention in the domestic legislation, the possibility for individuals to invoke the provisions of the Convention directly before the courts and the demographic and ethnic composition of the Iranian population. With regard to the latter point, the Committee recalled that detailed information on ethnic, religious and linguistic groups and on the demographic composition of the population had been promised by the representative of the State party when the seventh report had been considered by the Committee in 1983.

274. The Committee expressed concern, in particular, at the lack of information with regard to the implementation by the Islamic Republic of Iran of the provisions of articles 4, 5, 6 and 7 of the Convention. In that connection, the Committee wished to be informed about the treatment and the situation of ethnic, religious and linguistic minorities in the Islamic Republic of Iran. Reference was made, for example, to the situation of the Baha'i community, as well as of the Kurds and other ethnic minorities.

(c) Suggestions and recommendations

275. The Committee recommended that its comments and observations made in connection with the consideration of the ninth, tenth, eleventh and twelfth periodic reports of the Islamic Republic of Iran should be studied by the authorities of the State party with a view to their adopting the necessary legal, judicial and administrative measures to give effect in practice to all the provisions of the Convention.

276. The Committee also recommended that the next periodic report of the Islamic Republic of Iran should be prepared in accordance with the Committee's guidelines for the presentation of State party reports. It should, in particular, include information about the demographic composition of the population and the ethnic, linguistic and religious groups in the territory of the State party and should explain how they participated in the political, economic, social and cultural life of the country. Information was also necessary with regard to concrete measures taken by the Government to guarantee to individuals belonging to those groups the enjoyment of the rights enumerated in article 5 of the Convention without discrimination. The Committee recalled that if the Islamic Republic of Iran so requested, it could receive expert advice for the preparation of its next periodic report under the programme of advisory services and technical assistance of the Centre for Human Rights.

277. In view of the fact that more than eight years had elapsed between the consideration of the previous (eighth) periodic report of the Islamic Republic of Iran in 1985 and of its twelfth report in 1993, and taking into account the lack of relevant information provided in that report, the Committee requested the State party to take the views and comments of the Committee into consideration when preparing its next periodic report, which was due to be submitted on 5 January 1994 so that it could be considered at one of the Committee's sessions in 1994.