and detention in connection with range of peaceful activities, incitement to hatred, forced
closure of businesses and discriminatory practices and denial of employment and restrictions
on access to education and other basic services.14 A new rule proclaimed in January 2020, will
only allow citizens to register as one of the country’s recognized religions to the state-issued
National Identity Card—which is required for almost all government and other transactions. 15
While it is technically possible to file discrimination complaints with the Administration
of Justice Court, the Article 90 Commission in the parliament, and the Oversight Bodies for
the exercise of Citizenship Rights in the country’s provincial courts, there is no evidence
that judicial actions are taken in response to complaints.16 Hate crimes, such as motivated
killings and desecration of cemeteries, particularly against Baha’is, have not been investigated
by the Iranian authorities.17 18
In light of the above, measures that exclude religious minorities from legal protections for
civil, political, social or economic rights, continue to violate the obligations of the Islamic
Republic of Iran under the Covenant and have not been addressed.
B. Measures that impose special restrictions on the practices or manifestations of
religious beliefs continue to violate the obligations of the Islamic Republic of Iran
under the Covenant and should be addressed
Because there are no laws safeguarding the right of religious minorities to worship, maintain
places of worship or assemble, the structural exclusion of other religious minorities leaves
them without legal protection to manifest and practice their religion or belief.
Article 14 of the Constitution sets out that the government and Muslims in Iran are “dutybound to treat non-Muslims in conformity with ethical norms and the principles of Islamic
justice and equity, and to respect their citizen rights”. Articles 23 to 27 of the Constitution
provide for freedom of expression, assembly and association as well as the freedom to
practice ones’ religion. However, this duty applies only to those “who refrain from engaging
in conspiracy or activity against Islam and the Islamic Republic of Iran”, a charge that is
regularly held against certain religious minorities. A bill currently under review of the Iranian
Parliament as of November 2020 would criminalize “any deviant educational or proselytizing
14
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
15
Center for Human Rights in Iran, https://www.iranhumanrights.org/2020/01/bahais-unrecognized-minorities-in-iran-mustnow-hide-religion-to-obtain-government-id/
16
Joint submission to the Human Rights Committee from All Human Rights for All in Iran, Association for Human Rights in
Kurdistan – Geneva, Association for the Human Rights of the Azerbaijani People in Iran, Iran Human Rights Documenttion
Center, OutRight International, Siamak Pourzand Foundation, Small Media, Impact Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_NGO_IRN_42317_E.pdf
17
Joint submission to the Human Rights Committee from All Human Rights for All in Iran, Association for Human Rights in
Kurdistan – Geneva, Association for the Human Rights of the Azerbaijani People in Iran, Iran Human Rights Documenttion
Center, OutRight International, Siamak Pourzand Foundation, Small Media, Impact Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_NGO_IRN_42317_E.pdf
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
3