The lack of legal safeguards afforded to religious minorities results in instituted discriminatory
policies and practices. Notably, concerning Baha’is, in 1991, the Government institutionalized a
policy against Baha’í citizens in a memorandum entitled ‘The Baha’í Question’, produced by
Iran’s Supreme Revolutionary Cultural Council and approved by the Supreme Leader. The
document outlines a series of measures aimed at restricting Iranian Baha’ís access to education,
and economic and cultural life. Although the Government affirmed that the Baha’is had not been
singled out for discrimination, 13 the document remains in force today. On 26 March 2018, the
Supreme Leader Ali Khamenei issued, via his website, a new religious decree (fatwa) concerning
“association and dealing with Baha’ís”. He stated that, “[y]ou should avoid any association and
dealings with this perverse and misguided sect.” 14
The lack of legal safeguards also enables the Iranian authorities to criminalize activities such as
attending a house church or being part of religious conferences on the basis that they can
threaten the existence of the Islamic Republic and thus constitute a national security threat. 15 The
Iranian judiciary has reportedly used articles such as 498, 499 and 500 of the Iranian Penal Code
to prosecute minority faith adherents, including non-Shia Muslims, for such activities on charges
related to national security. 16 17
Since February 2018, Gonabadi Dervishes have experienced crackdowns, with hundreds arrested
following a peaceful protest and over 200 sentenced to lengthy prison terms, flogging and other
punishments. Dozens remain imprisoned on charges including “gathering and colluding to
commit crimes against national security”.18 Reports show that members of the Christian converts
minority were regularly arrested on the charges of “Christian activity” or “acting against
national security through propaganda against the regime”. 19 Members of the Baha’i faith have
faced a range of charges for manifesting their faith, including “collusion and assembly against
national security” and “formation and management of an illegal Baha’i group with intent to
disturb national security”.20 Reports have shown that members of the Sunni minority have been
13
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
14 Baha’i International Community, https://www.bic.org/sites/default/files/pdf/iran/the_bahais_of_iran__a_persecuted_community.pdf
15 Joint submission to the Human Rights Committee from The World Evangelical Alliance, Open Doors, Christian Solidarity
Worldwide, Middle East Concern, Article 18, 29 May 2020 , https://articleeighteen.com/wp-content/uploads/2020/06/F3430b2020-JointReport_Iran_HRCttee_ListOfIssues-dragged-1.pdf
16 Articles 498 (“establishing a group that aims to disrupt national security”), 499 (“membership in a group that aims to disrupt
national security”), and 500 (“spreading propaganda against the system”), Islamic Penal Code of the Islamic Republic of Iran
(2013), Iran Human Rights Documentation Center, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-bookfive/
17 Rights Denied: Violations against ethnic and religious minorities in Iran, https://minorityrights.org/wpcontent/uploads/2018/03/Rights-Denied-Violations-against-ethnic-and-religious-minorities-in-Iran.pdf
18
Amnesty International, https://www.amnesty.org/download/Documents/MDE1318292020ENGLISH.PDF
19
EN-HRANA, https://www.en-hrana.org/a-report-on-fatemeh-mary-mohammadi
20 Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 28 January 2020,
https://www.ohchr.org/Documents/Countries/IR/Report_of_the_Special_Rapporteur_on_the_situation_of_human_rights_in_the_
Islamic_Republic_of_IranA4361.pdf
3