would increase discrimination against them. Another bill currently under review of the Iranian
Parliament, as of November 2020, would criminalize “any deviant educational or proselytizing
activity that contradicts or interferes with the sacred law of Islam” when it is, among others, part
of a “sect”, or through the use of “mind control methods and psychological indoctrination”. Such
bill may well disproportionately impact individuals belonging to unrecognized religious
minorities, such as Baha’is who are often arrested and detained on the basis of their religious
beliefs, notably on the charge of proselytizing the Baha’i faith.17
Members of the Bahá’í 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 Bahá’í sect”18, “collusion and assembly against national security”
and “formation and management of an illegal Bahá’í group with intent to disturb national
security”.19 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. 20
Restrictions such as the one mentioned above, in conjunction with the constant threat of arrest,
detention and imprisonment for practicing religious activities may well amount to a violation of
the right to manifest their religion or belief of the Bahá’í. 21
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.” 22 However, religion or belief is not a
protected characteristic against discrimination in Iranian law. 23 The lack of legal safeguards
result in instituted discriminatory policies and practices, particularly targeting Bahá’í.
One of the most emblematic examples of the State’s discriminatory practices is the official
policy of the Iranian government against their Bahá’í citizens, which is summarized in a
17
ARTICLE19, https://www.article19.org/resources/iran-lawmakers-must-urgently-drop-the-bill-that-criminalises-fundamentalrights-and-freedoms/
18 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
19 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
20 Human Rights Committee General Comment No. 32 CCPR/C/GC/32 https://undocs.org/CCPR/C/GC/32
21
See more: Baha’i International Community, https://www.bic.org/focus-areas/situation-iranian-bahais/current-situation
22
The Constitution of the Islamic Republic of Iran, English translation,
http://www.iranchamber.com/government/laws/constitution_ch03.php
23 Article 19 The Constitution of the Islamic Republic of Iran English translation
http://www.iranchamber.com/government/laws/constitution_ch03.php
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