The end of 2018 and 2019 saw an unprecedented wave of raids on private house gatherings related
to religion or belief, leading to a large number of arrests detention and imprisonment.15 Charges
include “breaching national security” or “propaganda against the holy regime of the Islamic Republic
of Iran.”16
The Baha’i faith, with members numbering an estimated 350,00017 in Iran, is not recognized under
Iranian law and does not have any official place of worship. Since August 2005, more than 1,253
Baha’ís have been arrested in Iran solely on the basis of their religious beliefs.18
The lack of places of worship and the regular dismantling of religious informal meetings frustrate
the rights of religious minorities to manifest a religion or belief. The threat of raids, arrests,
detention and imprisonment for those identified as belonging to certain religious minorities
disincentivizes community and public manifestation.
2. Freedom from coercion which would impair the freedom to have or to adopt
a religion or belief of his choice (Article 18.2)
Article 19 of the Constitution guarantees that all people enjoy equal rights, “whatever the ethnic
group or tribe to which they belong” and that “color, race, language, and the like, do not bestow
any privilege.”19 However, the Constitution omits an explicit provision recognizing religion or
belief as a protected characteristic. 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.” 20
Many elements of Iran’s domestic legal framework discriminate between Shia Muslims, Muslim
and non-Muslim minorities. According to the Constitution of the Islamic Republic of Iran,
candidates for the presidency must follow the official religion of the State, as well as for members
of the Assembly of Experts, the Guardian Council or the Expediency Council, excluding Muslim
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
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
17
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 18 July https://documentsdds-ny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
18
Baha’i International Community, https://www.bic.org/sites/default/files/pdf/iran/the_bahais_of_iran__a_persecuted_community.pdf
19
The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
20
The Constitution of the Islamic Republic of Iran, English translation, https://irandataportal.syr.edu/wpcontent/uploads/constitution-english-1368.pdf
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