Concluding Observation Human Rights Committee CCPR/C/IRN/CO/3 para 26
Full recommendation:
The State party should ensure that the right to freedom of assembly and association
is guaranteed to all individuals without discrimination, and release immediately and
unconditionally anyone held solely for the peaceful exercise of this right, including
students, teachers, human rights defenders (including women’s rights activists),
lawyers and trade unionists. The State party should also ensure the prompt, effective,
and impartial investigation of threats, harassment, and assault on members of these
groups, and, when appropriate, prosecute the perpetrators of such acts. The State
party should also withdraw its draft Bill on the Establishment and Supervision of
Non-Governmental Organisations, which would establish a Supreme Committee
Supervising Non-Governmental Organisations’ Activities, chaired by the Interior
Ministry, including representatives from the Intelligence Ministry, the police, the
Basij and the Revolutionary Guards Corps.
Assessment using Impact Iran human rights indicators1
A. The Islamic Republic of Iran should ensure that the right to freedom of
assembly and association is guaranteed to all individuals without discrimination
While Article 27 of the Constitution ostensibly protects the right to freedom of peaceful
assembly, the guarantee falls short of international standards set out in the International
Covenant on Civil and Political Rights (ICCPR) by requiring that participants are not “in
violation of the fundamental principles of Islam”. There is no clear definition or criteria that
define what can be considered “fundamental principles of Islam.” Under Article 2 of the Law on
Political Crimes, adopted in 2016, participation in an unauthorized assembly, even if it is
peaceful, can effectively be considered a political offence.2 Unauthorized assemblies had
previously been prohibited under the 1981 Law on the Activities of Parties, Populations and
Political and Trade Unions and Islamic Associations or Recognized Religious Minorities.3 Those
1
CCPR.21.S.1 CCPR.22.1.S.1
CCPR.22.1.P.1; CCPR.22.1.P.1
CCPR.21.O.1; CCPR.22.1.O.1
2
The 2016 Law on Political Crimes, available at: https://rc.majlis.ir/fa/law/show/968421
3
The 1981 Law on the Activities of Parties, Populations and Political and Trade Unions and Islamic Associations or Recognised
Religious
Minorities, available at: https://rc.majlis.ir/fa/law/show/90226
1