Members of the Baha’i faith regularly face raids, arrests detention and imprisonment for
practicing and manifesting their faith on charges of “breaching national security”, “propaganda
against the holy regime of the Islamic Republic of Iran” or “propaganda activities against the
regime in the interests of the Baha’i sect”17, “collusion and assembly against national security”
and “formation and management of an illegal Baha’i group with intent to disturb national
security”.18 However, as the Human Rights Committee stipulated, limitations to manifest
one’s religion or belief should only be made on the grounds provided in Article 18.3 of the
ICCPR, which does not include national security.19 20
Restrictions such as the one mentioned above added to the constant threat of being arrested,
detained and imprisoned for practicing religious activities may well amount to a violation of
the right to manifest their religion or belief of the Baha’is.
C. Effective legal protection of members of the Baha’i community against
discrimination in every field, that violations are prosecuted and that victims are
provided with effective remedies
Article 20 of the constitution states that “All citizens of the country, both men and women,
equally enjoy the protection of the law and enjoy all human, political, economic, social, and
cultural rights, in conformity with Islamic criteria”. Additionally, Article 23 of the
Constitution stipulates that “the investigation of individuals’ beliefs is forbidden, and no one
may be molested or taken to task simply for holding a certain belief.” 21 However, religion or
belief is not a protected characteristic against discrimination in Iranian law.22
The lack of legal safeguards results in instituted discriminatory policies and practices,
particularly targeting 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 aiming at restricting Iranian Baha’ís access to
education, economic and cultural life. Although the Government affirmed that the Baha’is
had not been singled out for discrimination,23 the document remains in force today. On 26
March 2018, the Supreme Leader Ali Khamenei issued, via his website, a new religious
17
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 18 July 2019
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
18
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 28 January 2020,
https://documents-dds-ny.un.org/doc/UNDOC/GEN/G20/021/53/PDF/G2002153.pdf?OpenElement
19
Human Rights Committee General Comment No. 32 CCPR/C/GC/32 https://undocs.org/CCPR/C/GC/32
20
See more : Baha’i International Community, https://www.bic.org/focus-areas/situation-iranian-bahais/current-situation
21
The Constitution of the Islamic Republic of Iran, English translation,
http://www.iranchamber.com/government/laws/constitution_ch03.php
22
Article 19 The Constitution of the Islamic Republic of Iran English translation
http://www.iranchamber.com/government/laws/constitution_ch03.php
23
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 18 July 2019,
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
3