Experts of the Committee on the Elimination of Racial Discrimination Commend Iran for Hosting High Numbers of Refugees, Raise Questions on Combatting Hate Speech in the Media and the Treatment of Ethnic Minorities in the Context of the 2022 Protests
The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined twentieth to twenty-seventh periodic report of Iran. Committee Experts commended the State for hosting the highest number of refugees in the world, while raising questions about combatting hate speech in the media and the treatment of ethnic minorities during the September 2022 protests.
A Committee Expert commended the State party for hosting the highest number of refugees in the world, according to the Office of the United Nations High Commissioner for Refugees. This should not go unnoticed and attested to the country’s willingness to protect those who had fled to find shelter.
Michal Balcerzak, Committee Expert and Country Rapporteur, said in 2021, the Criminal Code was amended, including a supplementary article which imposed heavy punishments on anyone who insulted legally recognised religions. Could the delegation comment on this? Why had these amendments been introduced? Had there been examples of insults to ethnicity where the Code was applied? How did the State party intend to ensure that criminal law did not limit civic space and freedom of expression? What were other specific examples of the press supervisory board which related to racist hate speech?
Mr. Balcerzak said the Committee had been informed that ethnic, religious and other minorities, in particular the predominantly Sunni Kurds and Baluchis, were disproportionately impacted by the Government’s response to the protests that erupted in September 2022, following the death of Mahsa Amini. It had been reported that the security forces killed and injured a high number of protesters in regions predominantly populated by minorities. How would the delegation address the situation of ethno-linguistic and ethno-religious minorities deeply affected during and after the September 2022 protests? Had the use of lethal force against the protesters, which resulted in several hundreds of deaths, been effectively investigated?
The delegation said in Iran, countering and combatting racism and hate speech was enshrined in the Iranian Constitution. The publication of hate speech was against the law. The press law of 1985 sought to supervise the mass media and guaranteed the freedoms stipulated in the Constitution. Unfortunately, there were limited instances of violations which had been dealt with according to the press law. For example, one of the Iranian newspapers had made repeated monthly insults towards Afghan refugees in Iran. The case was given to the judiciary. In recent years, there had been no punishment of hate speech which had resulted in the repeal of the license of any publication.
The delegation said regarding the protests in 2022 and “Bloody Friday”, the human rights headquarters had held meetings with the armed forces and pursued the matter. The delegation would submit the number of people who were prosecuted by the law enforcement agencies. Nobody was preferred to others, from the highest to lowest levels. If they no longer had the competence to serve the people, they would be removed. One of the people sentenced had been involved in the killing of a law enforcement person. In the United States, if it was even suspected a person was armed, the police were allowed to shoot, without a question, regardless of the person’s skin colour or gender. How was the Committee asking Iran these kinds of questions?
Introducing the report, Ali Bahreini, Permanent Representative of Iran to the United Nations Office at Geneva and head of the delegation, said according to the Constitution, the people of Iran enjoyed equal rights regardless of the tribe or ethnic group to which they belonged. Colour, race, language and other such considerations were not grounds for special privileges. In spite of national determination, unilateral coercive measures had caused extensive damage to all walks of life of Iranian people, hampering development projects, investments in infrastructure, and fulfilment of pledges. During the time period of the report, Iran had experienced three administrations, but the commitment to human rights remained.
In concluding remarks, Mr. Balcerzak thanked the delegation for the dialogue which had been intensive and provided the Committee with new information. Dialogue made even more sense when it continued. It was hoped the delegation of Iran would reappear before the Committee sooner, rather than later.
Mr. Bahreini, in concluding remarks, expressed gratitude to the Committee for providing the opportunity to present achievements and challenges relating to the implementation of the Convention in Iran. The State would continue efforts to further and better implement the Convention.
The delegation of Iran consisted of representatives of the Ministry of Foreign Affairs; the Ministry of Education; the Ministry of Culture and Islamic Guidance; the Ministry of Interior; the Public Prosecution; Iran’s Vice Presidency for Women and Family Affairs; the Parliament; the High Council for Human Rights; and the Permanent Mission of Iran to the United Nations Office at Geneva.
Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s one hundred and thirteenth session and other documents related to the session can be found here.
The Committee will next meet in public on Thursday, 8 April, at 3 p.m. to begin its consideration of the combined twenty-fourth to twenty-sixth periodic report of Pakistan (CERD/C/PAK/24-26)
Report
The Committee has before it the combined twentieth to twenty-seventh periodic report of Iran (CERD/C/IRN/20-27)
Presentation of Report
ALI BAHREINI, Permanent Representative of Iran to the United Nations Office at Geneva and head of the delegation, said Iran had long been the place of residence and growth of different communities and groups with diverse cultures. Iran was historically made up of different ethnic communities and permanently belonged to all of them as unified in diversity. According to the Constitution, the people of Iran enjoyed equal rights regardless of the tribe or ethnic group to which they belonged. Colour, race, language and other such considerations were not grounds for special privileges.
Iran attached great importance to the World Conference against Racism that was held in South Africa in 2001 and its Durban Declaration and Programme of Action. The Conference had established itself as a blueprint to combat racism, racial discrimination, xenophobia and related intolerance globally. Iran had undertaken numerous actions relating to the implementation of the Convention.
In spite of national determination, unilateral coercive measures had caused extensive damage to all walks of life of Iranian people, hampering development projects, investments in infrastructure, and fulfilment of pledges. The implementation of these measures amounted to crimes against humanity against the Iranian people. The negative impacts of these measures had been acknowledged by United Nations officials, including the Secretary-General. Iran also hosted millions of foreign refugees from Afghanistan, which depleted the State’s resources. This burden was not shared nor acknowledged by the international community.
The report included topics such as legal, judicial and administrative frameworks and standards in countering discrimination, supporting disadvantaged and less developed areas, and support measures to empower women and ensure non-discrimination. In the process of preparing the report, Iran had benefited from the valuable contributions of civil society. During the time period of the report, Iran had experienced three administrations, but the commitment to human rights remained. The delegation of Iran looked forward to a meaningful discussion with the Committee.
Questions by Committee Experts
MICHAL BALCERZAK, Committee Expert and Country Rapporteur, said the Committee noted that article 19 of the Constitution referred to the principle of equality of rights. The Committee had some concerns about the scope of this provision. Did this cover non-citizens? How did the domestic legal system reflect the prohibition of racial discrimination for all people in the territory of Iran? Did the domestic legislative framework allow for special measures in accordance with the Convention? Could examples of measures to protect ethnic minorities be provided? What happened when the provisions of domestic legislation contradicted the provisions of the Convention? Did article 9 of the Civil Code mean the Convention could be invoked directly by all claimants in Iran? Did the new Code of Criminal Procedure contain provisions to ensure persons belonging to ethnic minorities could benefit from legal aid? Could those who did not speak the language utilise interpreters in the court?
The State party had referred to a “legal certainty document” in the report adopted in 2020 which referred to the equality of all and the right to a fair trial. Could the delegation elaborate on the legal status of this document? Who adopted it? How could it be used by those who’s right to a fair trial had been violated? Was it possible to find the Convention translated publicly in the Farsi language? Was the Convention available in languages other than Farsi which were spoken in Iran? If so, where was it available?
CHRISPINE GWALAWALA SIBANDE, Committee Expert and Co-Rapporteur, asked if the delegation could provide information in terms of statistics of the population based on ethnic origin? Did Iran systematically collect and disaggregate statistics of non-citizens? Could disaggregated statistics of ethnicity of prisoners currently in prisons in Iran be provided? What were the statistics regarding the ethnicity of those who had received the death penalty in the last three years? The Constitution stated that Zoroastrian, Christian and Jewish Iranians were the only recognised religious minorities in Iran. Would the delegation provide information on the existence of other groups? What steps were being taken to amend this provision, realising that Iran was composed of different people who also had the right to enjoy all human rights? Sunni Iranians were not considered as a religious minority. What steps were being taken to make sure Sunni Muslims in Iran enjoyed equal rights?
Could statistics be provided on opposition political parties in Iran? Had these opposition parties been able to register with State institutions in Iran and operate freely? Medical insurance programmes for rural families covered a population of 28 million. Could the delegation provide information of how medical insurance was provided for ethnic groups in Iran?
Responses by the Delegation
The delegation said it was hoped all areas of discrimination in the world would be removed. According to the labour law, it was prohibited to be discriminatory when it came to payment. Other anti-discrimination laws included the five-year development programmes. Some of the important goals of these programmes included reducing social injustice and inequalities. In general policies and laws of Iran, one of the roots of corruption was believed to be discrimination. Therefore, discrimination was tackled as a means of combatting corruption.
Iran was made up of different ethnicities, based on equal citizenship. Iran’s statistics were taken every 10 years in a census which focused on indicators of special planning in provinces with the aim of preserving the privacy of the citizens and providing equal resources for all Iranians. Since 2021, Iran had been faced with an influx of Afghan refugees, now reaching more than 3.4 million people.
A centre had been established to monitor the status of women. Indicators of gender justice had been conducted in eight areas.
Information on prisoners was not recorded based on ethnicity, but instead was based on age, gender, background and health status. The dignity of all prisoners should be preserved and their human rights observed. Prisoners belonging to religious minorities were permitted to have access to a representative of their religious minority for their guidance and practice.
Iranians belonged to a single race and did not have an issue of racial discrimination, and therefore did not have a law in this regard. However, the ruling spirit of all laws was to fight against discrimination. This included laws concerning the payment of those working in the government, and for students participating in university courses, where quotas were forbidden. It was prohibited to apply discrimination to job and educational opportunities. Insulting and humiliating ethnic groups and religions was prohibited. The Government was obliged to give a portion of the sale of oil and gas to deprived areas. These were some examples out of 100 anti-discrimination laws existing in Iran.
Questions by Committee Experts
MICHAL BALCERZAK, Committee Expert and Country Rapporteur, said the majority of his questions remained unanswered. Was the Convention available in languages of ethnic minorities? Where was the text of the Convention available in Iran? Were non-citizens covered by any laws against racial discrimination, including national and ethnic origin?
CHRISPINE GWALAWALA SIBANDE, Committee Expert and Co-Rapporteur, asked why the delegation wanted to give the picture that ethnicity was not identifiable in Iran? The delegation should take recognition of information that they had provided about different languages spoken in different provinces. It was important that the Committee was given all the information. It had been implied that this information was private.
A Committee Expert asked if the national human rights institution had requested accreditation with the Global Alliance of National Human Rights Institutions to show they were fully aligned with the Paris Principles? Could discrimination be directly brought before the courts? How many times had this been brought before the courts in the past 14 years? How many non-governmental organizations were working in the area of non-discrimination in Iran? How many consultations had been held with non-governmental organizations in the lead up to this dialogue?
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-up Rapporteur, said at Iran’s previous review, the Committee had recommended that the State party include the translation of languages of ethnic minorities in the courts. Could information on this be provided?
Another Expert said the Committee had been hosting Iranian delegations for some time and understood the Iranian situation well. The two days should amount to a positive dialogue. There was no point in repeating constitutional or legal provisions which were designed to guarantee equality of Iranian citizens; the Committee was aware of these. The last time Iran appeared before the Committee was 2010. What kind of achievements could the State present in the 14 years since Iran appeared before the Committee last? It was not a good way to start a dialogue when Iran said all Iranians were the same race and they did not need an anti-discrimination law. It was important to be frank and talk about problems. If the State did not know the ethnic composition of prisons, how would they know if a group was overrepresented due to discrimination?
A Committee Expert acknowledged the many members of the Iranian delegation. Iran was one of the Committee’s partners. What was the mandate of the committee created in 2015 to settle ethnic conflicts? What kind of conflicts was it mandated to settle?
Responses by the Delegation
The delegation said the text of the Convention could be found on the website of the Iranian parliament. The goal of the committee created in 2015 was to defend Iran’s citizens against discrimination. Experts of the Committee on the Elimination of Racial Discrimination were invited to visit Iran themselves and see the situation on the ground. Everyone in Iran would describe themselves as Iranian.
The legislative system of Iran was based on giving preference to no race. It did not give preference to any skin colour, ethnicity or other features. Everyone was equal before the law. The Convention had been translated in the Persian language. Judges had no right to apply any form of discrimination at all. Legislators could not develop legislation which gave preference to any particular faith. If a person was a Sunni and they committed murder, this would be investigated in the same way as if a Shi’a person had committed such a crime. No questions of ethnicity were asked of people who appeared before the court. There was no mention of ethnicity in the Penal Code; justice had one meaning and everyone was equal before it.
For many years, there had been many mechanisms for the realisation of human rights in Iran. Decision making bodies in the Government had taken measures to strengthen the national human rights institution. A bill had been developed to strengthen the institution and had been placed on the agenda of the Government.
All citizens in Iran were equally entitled to freedoms, services and opportunities provided by the Government. In Iran, more than 250 non-governmental organizations were active at the national level.
Questions by Committee Experts
MICHAL BALCERZAK, Committee Expert and Country Rapporteur, said a lot had happened in 14 years. There had been a lot of positive developments but also negative developments. The Committee took note of the fact that there was no comprehensive, single anti-discrimination law in Iran. Had there been any discussion or any initiative towards drafting a comprehensive anti-discrimination act which covered all aspects of discrimination?
How was the High Council established and how useful was it in the tasks concerning discrimination? In 2020, the Iranian Islamic Penal Code was amended, including the criminalisation of hate speech against ethnic minority groups. How was hate speech defined? What penalties were foreseen for the commission of hate speech? In 2021, the Criminal Code was amended again and several supplementary articles were amended, including one which imposed heavy punishments on anyone who insulted legally recognised religions. If there was a penalty for insulting ethnicity, there must be some reason behind it. Could the delegation comment on this? Why had these amendments been introduced? Had there been examples of insults to ethnicity where the code was applied?
How did the State party intend to ensure that criminal law did not limit civic space and freedom of expression? Was the Act on Racial Discrimination still in effect? Was it still relevant? What were other specific examples of the press supervisory board which related to racist hate speech?
Responses by the Delegation
The delegation said if somebody required an interpreter in court, one was provided. The High National Security Council was established 20 years ago. The rejection of hate speech was emphasised by legislators. The Islamic Penal Code criminalised insulting Iranian ethnic groups, thus guaranteeing justice for all. The punishment against any form of hate speech or insulting minorities would be elevated by one degree if the media were involved, for example by publishing discriminatory images.
In Iran, countering and combatting racism and hate speech was enshrined in the Iranian Constitution. The publication of hate speech was against the law. The press law of 1985 sought to supervise the mass media and guaranteed the freedoms stipulated in the Constitution. Discrimination against women or ethnic minorities was a punishable offence. If the media repeated their offence, the license for the media would be revoked. According to the press law, complaints could be registered. The law provided recommendations to observe equality and to refrain from hate speech. There were minimum offences in the journalistic world of Iran as a result of this law. The media understood the importance of sensitivity around foreign nationals and avoided any content based on hate speech, or which targeted women or religious minorities.
Unfortunately, there were limited instances of violations which had been dealt with according to the press law. For example, one of the Iranian newspapers had made repeated monthly insults towards Afghan refugees in Iran. The case was given to the judiciary. In recent years, there had been no punishment of hate speech which had resulted in the repeal of the license of any publication. These offences were investigated by different courts with an independent jury present.
In the last three years, there had been 350 cases of internet offences identified. Most of them were jokes which had unintentionally insulted ethnicities. Websites were available to receive complaints; in the past year and a half, more than 50,000 complaints had been received this way. Eighty per cent of the cases had been looked into so far and many of the cases had been closed.
In 2021, a bill which established an independent human rights body was presented to the parliament by the government.
Questions by Committee Experts
MICHAL BALCERZAK, Committee Expert and Country Rapporteur, asked if an example could be provided where an insult against Kurdish or Baluch populations was penalised. This could be in the context of the press, or not.
CHRISPINE GWALAWALA SIBANDE, Committee Expert and Co-Rapporteur, asked about a document mentioned in the report; was it a policy or a law? Were opposition parties freely exercising their rights in Iran and freely participating in political rights?
An Expert commended the State party for its efforts. The Committee had taken note that the bill for the national human rights institution had been in parliament for three years; this was excellent news. Were civil society members consulted or had they taken part in the process to set up the institution? Which organizations were consulted in the lead up to the dialogue?
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-up Rapporteur, said the Committee had asked for certain information in one year which had not been received. What was the update on the bill submitted to parliament for the national human rights institution?
Another Expert asked if there were Amaris living in Iran? If so, were they considered as Muslims?
A Committee Expert said the report mentioned the unilateral coercive measures multiple times. How did unilateral coercive measures affect the State’s ability to implement the Convention?
Responses by the Delegation
The delegation said that in Iran’s legislative system, attention had been paid to observing citizenship rights by the executive branch. All executive offices throughout the country needed to observe the Charter of Citizenship Rights. In Iran, the judiciary was separate from the executive branch. By providing training, the values of the citizenship rights were illuminated, and offences in this regard were on the decline. A decree had been implemented which stated that all those who resided in Iran should enjoy citizenship rights.
There were a lot of instances of racial discrimination at the global level. It was hoped the Committee would pay special attention to ensure the removal of racial discrimination in all countries. People from different groups, including Kurdish and Baluch, married each other. Iran was one collection of people, under one Constitution, where everyone was equal before the law.
The Charter of Citizenship Rights was the offspring of the Constitution. The Charter went into detail on how to implement general articles. Since the new law was instigated in 2016, 143 parties in Iran had received licenses to become active. All political activists could submit applications to have their own parties. In Iran, all citizens and nationals, irrespective of any religion or ethnicity, enjoyed citizenship rights. Currently in parliament, there were 21 parliamentarians representing Sunnis. There were 660 schools for Sunnis and 17,000 Sunni mosques operating in Iran.
The delegation said that unilateral coercive measures had caused serious challenges for Iran, including depriving the country from international opportunities. The measures had put pressure on Iran’s banking system and prevented Iran’s access to medicine, causing death and suffering for many innocent people. The United States had developed anti-human unilateral coercive measures and intensified medical sanctions on Iran. This was an example of the most severe case of national racial discrimination.
Iran was a member of the Refugee Convention and considered itself obligated to implement it. Article 19 of the Constitution was fully in compliance with the Convention. More than 19 Iranian non-governmental organizations had contributed to the drafting of the report which had been presented to the Committee.
Over the last 14 years, Iran had utilised efforts to protect the rights of the people, while dealing with the unilateral coercive measures. Iran’s judicial document had been approved; it supplemented the Constitution and provided judicial security. There had also been targeted budget allocation to deprived areas, the approval of the laws on the rights of persons with disability, and the approval of many other laws targeting deprivation.
Questions by Committee Experts
MICHAL BALCERZAK, Committee Expert and Country Rapporteur, said the Committee was aware of the cultural richness and multi-ethnic diversity of Iran. While the vast majority of the Iranian population were Persians, there were numerous other ethno-linguistic groups, including Azerbaijanis, Kurds, Lurs, Mazandaranis and Gilakis, Arabs, Baluchis and Turkmens, as well as minor tribal Turkic groups. The Committee had received information that ethnic, religious, and other minorities in the jurisdiction of Iran, in particular the Sunni Kurds and Baluchis, continued to be affected by discrimination. According to the information available to the Committee, the representatives of ethnic minorities were subjected to repressive measures such as arbitrary detention, prolonged arrests, extrajudicial killings, and enforced disappearances.
What actions had been undertaken by the State party to ensure that minority communities could fully enjoy their own culture, practice their religion, and use their own language in accordance with international human rights standards?
What concrete measures had been taken to address the poor economic status and condition of Sistan and Baluchestan province? Could the delegation verify the information that Baluchi and Kurdish children were prevented from having an education in their mother tongue? How was the access to healthcare for residents living in Sistan and Baluchestan province? What were the ways and modalities of communication between the authorities of Iran and the ethno-linguistic minorities?
Mr. Balcerzak said the Committee was also informed that ethnic, religious and other minorities, in particular the predominantly Sunni Kurds and Baluchis, were disproportionately impacted by the Government’s response to the protests that erupted in September 2022, following the death of Mahsa Amini. It had been reported that the security forces killed and injured a high number of protesters in regions predominantly populated by minorities.
The highest number of deaths in one day (103) was documented during the so-called “Bloody Friday” on 30 September 2022, in Zahedan. It had been reported that the use of force against the protesters was unnecessary and disproportionate. The Committee received information that both women and child protesters belonging to ethnic and religious minorities were exposed to multiple forms of violence, including killings, maiming, arrests, as well as torture, rape and other forms of sexual violence. The Committee was deeply saddened by the fact that numerous persons were convicted of the death penalty as a result of the September 2022 protests, and many such penalties were executed, including Reza Resaei, a 24-year-old member of Iran’s ethnic Kurdish and Yaresan, who was executed on 6 August 2024.
Additionally, there were multiple reports of so-called “school poisonings”, which were chemical attacks by unknown perpetrators. There were reports that Iranian authorities were investigating these events, but many questions remained unanswered about its causes and perpetrators.
How would Iran address the situation of ethno-linguistic and ethno-religious minorities deeply affected during and after the September 2022 protests?
Had the use of lethal force against the protesters, which resulted in several hundreds of deaths, been effectively investigated? Could the delegation provide specifics about criminal investigations against the members of law enforcement or the military who used lethal force? How many investigations were pending or had been completed? Had anyone from law enforcement or the military been brought to justice for illegal or disproportionate use of lethal force?
How would the delegation address the information that members of ethno-linguistic and ethno-religious minorities had been subjected to torture and other forms of ill treatment, as well as arbitrary detention? Could the delegation provide some information about the outcomes of the investigation concerning “school poisonings”? Had there been any steps taken or considered that would lead to reviewing and possibly changing the current policy of Iran towards ethnic minorities?
Mr. Balcerzak said the Committee expressed deep concern over the use of language that degraded and dehumanised members of ethno-religious minorities. Could the delegation provide any examples of cases where the use of such language was investigated and penalised? Which positions in public life were not accessible to members of ethno-religious minorities? How many representatives of ethno-religious minorities were members of the Islamic Consultative Assembly? What percentage of ethno-religious minorities were employed in the health, education, or judiciary sectors?
Responses by the Delegation
The delegation said the Social Council of Iran was in charge of non-governmental organizations and issued permits to them. Around 9,500 non-governmental organizations were active in Iran, of which 350 were active in the cultural areas relating to ethnicity. There were 550 non-governmental organizations working in relation to the history and languages and literature of Kurdish people. An advisor to the President represented minorities. A Sunni scholar had held this position for four years. The President visited various provinces and met with people and listened to their concerns. Books were published by Kurdish people in their language about their culture. The accusation that Iran had contempt for these minorities was a baseless allegation. Iran’s navy commander was a Kurdish person, and there were many other similar examples.
The doors of the judiciary were open to all people living inside Iran, as well as Iranians living abroad. If an act was not considered an offence to religious minorities, then they would not be punished for it. For example, Christians could drink alcohol as long as they did not do so in public. There were nine specialised courts for the minorities. Women and men had equal rights when it came to marriage. Women could apply for a divorce if they were living under difficult circumstances.
The language of Iran was Persian, and textbooks needed to be in the Persian language. However, teaching other languages alongside Persian was free. A special programme enabled ethnic minorities to have adaptations to their learning. In 2024, around 40 schools were being taught in minority languages. Courses were available for different ethnicities. The Baluchi language was present in universities.
Questions by Committee Experts
MICHAL BALCERZAK, Committee Expert and Country Rapporteur, said a lot of questions remained unanswered. It was clear that Iran’s legal framework did reflect important obligations in the Convention. Today, the Committee wanted to focus on implementation. Apart from learning Farsi, could children learn their own language at school? Did this actually happen? It was important for the delegation to address the questions concerning ethnic groups in the September 2022 protests. Were there investigations and how did the State respond?
A Committee Expert said everybody knew that Iran had always been attacked by the Western world. The Western world did not know that Iran had one of the oldest cultures in the world. Iran had always been a culture where science had been developed. Iran was defending itself against all attacks, in particular the last attacks which had been organised by the State of Israel against Iran and Palestinians. Iranians and Palestinians were not alone in the free world.
An Expert said there were serious concerns in Iran concerning the movement “Women, Life, Freedom”. Could data be provided on persons arrested and detained in relation to the 2022 protests disaggregated by ethnicity? There had been information received which showed the attacks against minorities were disproportionate. Did the authorities investigate private attacks relating to the hijab law? Who was responsible for enforcing this law in the State party? According to a United Nations Women report, Iran did not have a legally defined marriageable age for boys and girls. According to statistics, more than 19,000 girls between 10 and 14 were married in rural areas. Could data be provided which showed how many of those children married belonged to minorities?
Another Expert said there were high rates of dropouts for the Iwashi-Arab group. Why were members of this group so disadvantaged when it came to education? What was the State doing to combat this?
CHRISPINE GWALAWALA SIBANDE, Committee Expert and Co-Rapporteur, asked if there were plans in Iran to change article 13 of the Constitution to acknowledge that there were more groups in Iran than the ones recognised in the Constitution? The Committee had received information that 537 people were executed during the protests. The Committee needed to hear these figures disaggregated by ethnicity and tribe.
A Committee Expert asked what the State party was doing to combat double discrimination for women in conflict with the law? According to reports, Iran was one of the world’s leading executioners of women. Many women sentenced to death had received the sentence for killing their abusive husbands, with many of them being married at a young age without the right to divorce. Did Iranian courts take into account the defendant’s experience as a survivor of gender-based violence when making sentencing decisions?
Another Expert said the Committee should not repeat hate speech or discourse which had been uttered by the Judaeo-American lobbies. The Committee could not avoid what was happening in the rest of the world. Some heinous events were happening throughout the world, and this could not be ignored. The Expert paid tribute to the Iranian people and their culture, who faced Judaeo-American harassment, because the Iranian Government and people presented an alternative to the Western position.
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-up Rapporteur, asked what measures had been taken to protect the Arab, Baluchis and Kurdish communities from discrimination?
Another Expert asked from what age did children attend primary school?
Responses by the Delegation
The delegation said the former secretary of the High Council of Iran was an Arab, and still remained a high ranking official within Iran. The Committee needed to be careful when raising their questions to preserve the status of the Committee. Questions needed to be raised in relation to the Convention. If anyone broke the law in Iran, they would be punished on an equal basis, regardless of ethnicity. Nobody enjoyed impunity before the law. The Committee was not familiar with the judiciary of Iran; it was very difficult to become a judge in Iran.
Regarding the protests in 2022 and “Bloody Friday”, the human rights headquarters had held meetings with the armed forces and pursued the matter. The delegation would submit the number of people who were prosecuted by the law enforcement agencies. Nobody was preferred to others, from the highest to lowest levels. If they no longer had the competence to serve the people, they would be removed. On reports that a person of the age of 16 had been sentenced to death, the delegation said if it was verified that the person’s mental maturity was present, this execution would be carried out after the person was 18 years. One of the people sentenced had been involved in the killing of a law enforcement person. In the United States, if it was even suspected that a person was armed, the police were allowed to shoot, without a question, regardless of the person’s skin colour or gender. How was the Committee asking Iran these kinds of questions?
The school poisonings were investigated in all 31 provinces of Iran. This was a scheme designed to paint Iran in a bad image. This was part of a sinister plot which had aimed to contribute to the collapse of Iran’s sovereignty and right, but it had failed. It was disappointing that the news received outside of Iran was far from the realities inside the country. Iran had respectfully responded to the Committee’s questions in the same way they were welcoming refugees into the country. The State would not change their regulations for some minorities. Iran was a big country with a big population, and this needed to be taken into account.
The official system of education was in the Persian language. The age of entering elementary school was six years of age. Certain minority languages were being taught in schools for minorities. There were no special religious schools. If a marriage was considered not to be in the best interests of the child, the courts would rule against this marriage. Iran had a diverse population with micro subcultures. There were laws and guarantees to counter illegal marriages of girls, but it was important to remove the beliefs in different parts of the country. There needed to be gradual change in the culture in certain areas of the country. If people were forced, this would not result in a reduction of numbers of early marriages, but people would do its secretly. If there was a marriage under 18, there were new laws which stipulated the presence of a counsellor to oversee the marriage.
Remarks by the Committee Chairperson
MICHAL BALCERZAK, speaking in his capacity as Committee Chairperson, assured the delegation that the Committee treated every delegation before them with the utmost respect. The Committee also expected the delegation to respect the members of the Committee. The Committee was comprised of independent experts from different countries but did not represent their countries, and they treated every country in the same way. The Committee was not a court and wanted to engage in dialogue to learn and receive information.
Questions by Committee Experts
CHRISPINE GWALAWALA SIBANDE, Committee Expert and Co-Rapporteur, said many countries were thankful to Iran for hosting many refugees. Could the delegation update the Committee on the number of migrants, asylum seekers, refugees and stateless persons in Iran based on nationality? How was Iran addressing the issue of statelessness? What was the process of birth registration of children born among migrants, asylum seekers, refugees and stateless persons?
What measures were being taken to address issues of discrimination against refugees?
A report stated that Afghan nationals in Iran faced widespread discrimination, including barriers to education, housing, employment, healthcare, banking services and freedom of movement. Could an update be provided on the matter of issuance of temporary work permits and the mass deportation of refugees? There were reports that so far, more than 450,000 Afghan refugees had already been deported. Had the Government investigated reports and addressed the issues in compliance with the Convention that Iranian police rounded up undocumented refugees, with thousands deported to Afghanistan every day?
There had been videos of Iranian police insulting, abusing, and even killing refugees, including instances when vehicles carrying refugees were set ablaze. How did the Government of Iran address issues of undocumented migrants? Had the Government investigated issues of discrimination in various social settings, including schools, workplaces, and public spaces faced by Afghan refugees? What steps were being taken to raise awareness on the rights of refugees? Could the delegation comment on allegations that Afghan refugees were not allowed to live in certain areas of Iran? What was the delegation’s comment regarding the hashtag #ExpelAfghanistans which was trending online and in the media? Had the Government investigated xenophobic attitudes towards Afghan citizens?
Responses by the Delegation
The delegation said since 2014, hundreds of plans had been drawn up to ensure employment opportunities to those from all walks of life. Because of the pressures coming from the United States, employment opportunities from outside the provinces had been limited. The Government had placed this high on their agenda and it was considered as a top priority.
Iran had acceded to the 1951 Refugee Convention with a reservation. The country had been hosting significant numbers of the Afghan population and this had been creating issues. All these nationals were enjoying facilities and public subsidies granted to Iranian people. Iran had been facing new increased arrivals of Afghan people since 2021, which had caused great difficulties for the country. The majority of these refugees lived within the cities and villages of Iran. Some of these foreign nationals were illegal and were repatriated to Afghanistan. Most of the Afghans residing in Iran remained there and continued to receive opportunities in education and employment. Between 2011 and 2021, 109 specialist schools for foreign nationals had been built and more than one million people were covered by health insurance. Two Iranian media outlets had been punished for insulting Afghan nationals, and legal proceedings were underway.
Around 600,000 Afghan students received an education in Iran. Free education was provided under the Constitution. Education was provided to foreign nationals just as it was to Iranians. There were more girls in vocational schools than boys.
Questions by Committee Experts
CHRISPINE GWALAWALA SIBANDE, Committee Expert and Co-Rapporteur, said some questions remained unanswered, particularly on refugees from other nationalities. The Committee would be interested to hear from the delegation on the 2019 Iran nationality law, which allowed an Iranian woman to get married to a foreign national, but the child had to wait until the age of 18 to receive Iranian nationality.
A Committee Expert commended the State party for hosting the highest number of refugees in the world, according to the Office of the United Nations High Commissioner for Refugees. This should not go unnoticed and attested to the country’s willingness to protect those who had fled to find shelter. Would the State ratify the two conventions on statelessness? The children of Iranian women who married foreign nationals were at risk of becoming stateless; what was being done to combat this? Did Iran have a national plan to eradicate statelessness?
Responses by the Delegation
The delegation said there were 22 people representing Sunni people in parliament in Iran. If parents were Iranian, birth certificates were immediate issued upon birth. Papers were provided for every child born in Iran. Six years ago, bylaws were introduced to prevent statelessness among children with an Iranian mother and a non-Iranian father. There was positive discrimination in the media to give women of religious minorities more facilities. The time for them to receive their permits was reduced. One of the priorities of the Ministry of Culture was to hold a human rights festival, which would hopefully be held annually; 186 books had been published on human rights in the last three years; 27 media organizations in Iran belonged to religious minorities.
Sixty per cent of students in universities in 2024 were girls. All ethnic clan discrimination was rejected in Iran. The student council was a pillar of a school which could make decisions; it promoted mutual understanding and respect in schools, for all ethnic groups. School textbooks contained contexts relating to human rights. Some 493 judges had received training on human rights, as had more than 7,000 civil servants within the judiciary. More than 2,400 people working in prison had received training on the Nelson Mandela rules.
Concluding Remarks
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-up Rapporteur, said concluding observations would be sent which would include follow-up information to be provided in one year. She asked the State party to do its best to provide the Committee with this information.
MICHAL BALCERZAK, Committee Expert and Country Rapporteur, thanked the delegation for the dialogue which had been intensive and provided the Committee with new information. Dialogue made even more sense when it continued. It was hoped the delegation of Iran would reappear before the Committee sooner, rather than later. The Committee would continue to be interested in what was happening in Iran from the viewpoint of the Convention and wished Iran all the best in its endeavours.
ALI BAHREINI, Permanent Representative of Iran to the United Nations Office at Geneva and head of the delegation, expressed gratitude to the Committee for providing the opportunity to present achievements and challenges relating to the implementation of the Convention in Iran. During the reporting period, Iran had amended its Penal Code, increased public awareness of the Convention, and enhanced participation with civil society. As a nation under discriminatory approaches from unilateral coercive measures, Iran put combatting discrimination at the forefront of policies and practices. Unilateral coercive measures had put great pushback on development projects and the Committee’s attention to this issue was welcomed. The State would continue efforts to further and better implement the Convention. Mr. Bahreini called on United Nations human rights mechanisms to bring justice to the Palestinian people.
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