Special Rapporteur on freedom of religion or belief A/HRC/10/8/Add.1 para 112
Full recommendation
Furthermore, she would like to recall that the General Assembly resolution 63/181 urges States
to step up their efforts to eliminate intolerance and discrimination based on religion or belief,
notably by taking all necessary and appropriate action, in conformity with international
standards of human rights, to combat hatred, discrimination, intolerance and acts of violence,
intimidation and coercion motivated by intolerance based on religion or belief, as well as
incitement to hostility or violence, with particular regard to members of religious minorities in
all parts of the world. In this regard, the Special Rapporteur is very concerned by the continued
violations of freedom of religion or belief suffered by members of the Bahá’í community. She
urges the Government of the Islamic Republic of Iran to ensure that the Bahá’í members who are
currently detained receive a fair trial and she would like to recommend the presence of
independent observers during the trials.
Assessment using Impact Iran human rights indicators 1
The Constitution of the Islamic Republic of Iran names the Twelver Ja’fari School of Shia Islam
as the state religion (Article 12).2 Article 13 of the Constitution provides that the Zoroastrian,
Jewish, and Christian Iranians “are the only recognized religious minorities” under Iranian law.
Additionally, 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”. 3 However, the Constitution omits an explicit provision
recognizing religion or belief as a protected characteristic. Consequently, because the Bahá’ís are
not recognized under Iranian law, they have no legal safeguards to protect the practice of their
religion.
Since 2013, 521 Bahá’ís have reportedly been arrested because of their religious beliefs. 4 As of
the end of June 2019, there were reportedly 49 Baha’is arbitrarily detained in the Islamic
Republic of Iran. 5 On 1 January 2019, nine Baha’i citizens were condemned for a total of 48
1
CCPR.18.1.S.1; CCPR.18.1.S.2; CCPR.18.1.S.3; CCPR.18.1.S.4; CCPR.18.1.S.5; CCPR.27.1.S.1; CCPR.27.2.S.1
CCPR.18.1.P.1; CCPR.18.1.P.2; CCPR.18.1.P.3; CCPR.18.1.P.4; CCPR.18.1.P.5; CCPR.18.3.P.1; CCPR.27.1.P.1;
CCPR.27.2.P.1; CCPR.27.1.P.2; CCPR.27.2.P.3
CCPR.18.1.O.4; CCPR.18.1.O.5; CCPR.18.1.O.10; CCPR.18.1.O.12; CCPR.18.1.O.16; CCPR.18.2.O.1; CCPR.18.3.O.2;
CCPR.27.1.O.1; CCPR.27.2.O.2; CCPR.27.2.O.3
2 The Constitution of the Islamic Republic of Iran, English translation,
http://www.iranchamber.com/government/laws/constitution_ch01.php
3 The Constitution of the Islamic Republic of Iran, English translation,
http://www.iranchamber.com/government/laws/constitution_ch03.php
4
Baha’i International Community https://www.bic.org/sites/default/files/pdf/iran/the_bahais_of_iran__a_persecuted_community.pdf
5 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
1