The Iran Charter and Iran's Opposition


Five months after the onset of the women-led protest movement in Iran that has challenged the regime, civil and political activists and survivors of government massacres have issued a declaration called “Iran Charter.” The Charter calls for "unquestioning adherence to human rights and human dignity for everyone" and an end to torture and mass executions. It also urges the authorities to cooperate with international bodies to investigate gross violations of human rights and to put in place a system that respects the rule of law.

While the Charter lists a broad array of citizens’ rights, a careful reading reveals that most of these are subject to a host of conditions. For example, freedom of thought and expression is guaranteed only if it is carried out in accordance with “Islamic criteria” (article 3.11) and the Constitution (article 3.2). Similarly, respect for the identity of Iranian citizens without discrimination refers to their cultural, ethnic, mazhab and linguistic identities (article 3.21), but not to their religion; this seems to leave scope for discrimination on religious grounds. The Charter also states that historical and cultural sites and monuments should be protected by the state regardless of which of these groups they belong to, ایرانچارتر but does not mention whether or not they are religious.

The Charter further states that a citizen's life is inviolable and no one may deprive him or her of it save by law and with the consent of the victim. It is also prohibited to harm the dignity and reputation of citizens by libel or slander, even by quoting others. The Charter lists a range of civil activities that should be permitted, including the formation of non-governmental organizations and the right to hold protests and rallies.

Those who violate the Charter’s provisions may be punished by a wide range of sanctions. These include prison terms, fines and expulsion from public office. It is a criminal offense to organize, promote or lead an organization which aims to destroy the Islamic Republic, destabilize social order or overthrow the leadership of the state. It is also illegal to publish, distribute or print publications that incite violence, hatred and division among different nations and religions, arouse discrimination and encourage extremism.

It is unclear how the Iran Charter will affect Iran’s fractious opposition. It has yet to win over the country’s exiled dissidents, who want nothing less than structural reforms and regime change. The charter’s signatories include some of the leaders of these groups, as well as the Mojahedin-e Khalq (MEK), a communist-Islamist group that once backed revolutionary leader Ayatollah Ruhollah Khomeini and is now described by the ruling establishment as a “cult.” But it has no clear champion who could unite Iran’s fractured dissident community. Moreover, some conservative newspapers have criticized the charter for advocating federalism. This is a serious concern since decentralization can be the most effective way of addressing Iran’s problems and protecting the rights of its citizens. Nazila Ghanea teaches international human rights law at the University of Oxford.

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