Further, regulations may actively discriminate against members belonging to unrecognized
religious minorities. For instance, a new rule proclaimed in January 2020 allows citizens to
register as one of the country’s recognized religions to the state-issued National Identity Card—
which is required for almost all government and other transactions. 6 A bill currently under
review of the Iranian Parliament, as of November 2020, would criminalize “any deviant
educational or proselytizing activity that contradicts or interferes with the sacred law of Islam”
when it is, among others, part of a “sect”, or uses “mind control methods and psychological
indoctrination”. Such bill may well disproportionately impact individuals belonging to
unrecognized religious minorities, such as Baha’is, numbering 350,000 in Iran, 7 who are often
arrested and detained on the basis of their religious beliefs, notably on the charge of proselytizing
the Baha’i faith.8
Additionally, many elements of Iran’s domestic legal framework discriminate between Shia
Muslims, Muslim and non-Muslim minorities, including recognized minorities. According to the
Constitution of the Islamic Republic of Iran, candidates for the presidency, members of the
Assembly of Experts, the Guardian Council, and the Expediency Council, all must follow the
official religion of the State, excluding Muslim and non-Muslim minorities from holding high
governmental positions.9 Further, Article 881 of the Civil Code bars non-Muslims from
inheriting property from Muslims. The Islamic Penal Code (IPC) also prescribes different
penalties depending on the religion of the perpetrator and/or the victim of some crimes.
According to the Government, the Charter of Citizenship Rights, decreed by the President in
2016, functioned as an administrative mechanism providing guidance for the implementation of
the principles, norms and laws stipulated in the Constitution. 10 Article 26 of the Charter
stipulates that “the Government shall, according to the law, guarantee freedom of speech and
expression”.11 Article 43 of the Charter provides that citizens of the Islamic Republic of Iran
“have the right to form, join and participate in political parties, societies, social, cultural,
scientific, political and trade associations and non-governmental organizations in compliance
with the law”.12 In practice, however, the mechanism does not resolve the absence of legal
protection for religion minorities against discriminations.
6
Center for Human Rights in Iran, https://www.iranhumanrights.org/2020/01/bahais-unrecognized-minorities-in-iran-must-nowhide-religion-to-obtain-government-id/
7 Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 18 July 2019,
https://undocs.org/Home/Mobile?FinalSymbol=A%2F74%2F188&Language=E&DeviceType=Desktop
8 ARTICLE19, https://www.article19.org/resources/iran-lawmakers-must-urgently-drop-the-bill-that-criminalises-fundamentalrights-and-freedoms/
9 The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
10
Report of the Working Group on the Universal Periodic Review Islamic Republic of Iran, 27 December 2019,
https://undocs.org/A/HRC/43/12
11 Charter of Citizen’s Rights English translation, December 2016, http://president.ir/en/96865
12 Charter of Citizen’s Rights English translation, December 2016, http://president.ir/en/96865
2