Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/iran.txu

Text File | 1996-01-05 | 12KB | 260 lines

TITLE: IRAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995



Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Iran is ruled by a group of religious leaders and their lay
associates who share a belief in the legitimacy of a theocratic
state based on Ayatollah Khomeini's interpretation of Shi'a
Islam.  There is no separation of state and religion.  The
clerics dominate all branches of government completely.  The
Government represses any movement seeking to separate state and
religion, or to alter the State's existing theocratic
foundation.  The selection of candidates is effectively
controlled by the ruling clerics, consequently depriving
citizens of the right to change their government.

Regularly scheduled elections are held for the President,
members of Parliament (the Majles), and members of the Assembly
of Experts, a body responsible for selecting the successor to
the Leader of the Revolution.  The Majles exercises a
considerable amount of independence from the executive branch,
but its decisions are reviewed by the Council of Guardians (see
below).  Vigorous parliamentary debates take place on various
issues, and in some cases the Majles has defeated laws proposed
by the executive branch.  Most deputies are associated with
powerful political and religious officials, but often vote
independently and shift from one faction to another.

The Constitution provides for a Council of Guardians composed
of six Islamic clergymen, and six lay members who review all
laws for consistency with Islamic law and the Constitution.
The Council also screens political candidates for ideological
and religious suitability.  It accepts only candidates who
support a theocratic state, but clerics who disagree with
government policies have also been disqualified.

Women are underrepresented in government.  They hold 9 out of
270 Majles seats, and there are no female Cabinet members.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

The Government represses local human rights groups and in
general is uncooperative with foreign groups.  The Government
continued to refuse in 1994 the repeated requests by the U.N.
Special Representative to visit Iran.

In November 1994, the Government hosted a German-Iranian Human
Rights Seminar in Tehran.  It permitted the German participants
to visit a prison in Esfahan, and permitted a second visit by
journalists to Evin prison in Tehran.  The Government also has
established a human rights committee in the Majlis and a human
rights commission in the judiciary, but observers believe they
lack independence.  Government officials state repeatedly that
Iran should be judged by Islamic, rather than Western, human
rights principles.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

     Women

Discrimination against women has increased since the
revolution.  On January 31, Mina Kalout was reportedly stoned
to death in Evin Prison.  Kalout, a married woman, was accused
of committing adultery with her cousin, Abdol-Hussein, who was
executed for the offense.  On February 22, Homa Darabi, a
pediatrician, reportedly immolated herself to protest the
Government's discriminatory policies.  Prior to her death,
Darabi had been dismissed from an academic position for failing
to adhere strictly to the Islamic dress code.  On March 2,
Tahereh Ghan'e, a married woman with children, was reportedly
stoned to death in Qom for alleged adultery.  On May 5, a
female student of medicine and women's activist at Beheshti
University was found strangled to death.  Her arm had been
broken, as well.  Although the Government claimed the student
had committed suicide, 1,000 female students staged a sit-in on
May 9 to protest what they believed to be her murder.

Although domestic violence is known to occur, little is known
about its extent.  Abuse in the family is considered a private
matter and seldom discussed publicly.  There are no official
statistics on the subject.

In general, women suffer discrimination in the legal code,
particularly in family and property matters.  It is difficult
for many women, particularly those residing outside large
cities, to obtain any legal redress.  Although women may be
educated and employed in the professions, social constraints
tend to inhibit their educational and economic opportunities.
Illiteracy and the lack of university degrees also affect their
standing.  The enforcement of conservative Islamic dress codes
has varied considerably since the death of Ayatollah Khomeini
in 1989.  Nonetheless, such dress codes persist and are
enforced arbitrarily.

Under legislation passed in 1983, women have the right to
divorce, and regulations promulgated in 1984 substantially
broadened the grounds on which a woman may seek a divorce.
However, a husband is not required to cite a reason for
divorcing his wife.  In 1986 the Majles passed a 12-article law
on marriage and divorce that limited the privileges accorded to
men by custom and traditional interpretations of Islamic law.
The 1986 law also recognized divorced women's rights to a share
of the property couples aquire during their marriage and
increased alimony rights.

The Government's views on women's rights were exemplified in
1994 by an open letter to the U.N. Special Representative from
the President's Special Advisor on Women's Affairs, Shailia
Habibi.  In the letter, Habibi explained that legal
restrictions on a women's freedom to travel--a woman needs
permission from a close male relative to obtain a passport--are
"consensual" because such restrictions "are designed to
preserve the unity and sanctity of the family."  She also
accused "Western emancipation" of causing "corruption,
prostitution, Lesbianism, and widespread venereal disease."

     Children

There is no known pattern of child abuse.

     National/Racial/Ethnic Minorities

The Kurds seek greater autonomy and continue to suffer
government prosecution.  In August the Government reportedly
razed 17 Kurdish villages.

     Religious Minorities

The Christian, Jewish, Zoroastrian, and Baha'i minorities
suffer varying degrees of officially sanctioned discrimination,
particularly in the areas of employment, education, and public
accommodations.  Muslims who convert to Christianity also
suffer discrimination.

University applicants are required to pass an examination in
Islamic theology.  Although public-school students receive
instruction in Islam, this requirement limits access of most
religious minorities to higher education.  Applicants for
public-sector employment are similarly screened for their
adherence to Islam.

Religious minorities suffer discrimination in the legal system,
receiving lower awards in injury and death lawsuits, and
incurring heavier punishments than Muslims.  Sunni Muslims
encounter religious discrimination at the local level.

In 1993 the U.N. Special Representative reported the existence
of a government policy directive on the Baha'is.  According to
the directive, the Supreme Revolutionary Council reportedly
instructed government agencies to block the progress and
development of the Baha'i community; expel Baha'i students from
universities; cut the Baha'is' links with groups outside Iran;
restrict the employment of Baha'is; and deny Baha'is "positions
of influence," including those in education.  The Government
claims the directive is a forgery.  However, it appears to be
an accurate reflection of current government practice.

The persecution of Baha'is persisted unevenly in 1994.  The
Government continued to return some property previously
confiscated from individual Baha'is, although the amount
returned is a fraction of the total seized.  Property belonging
to the Baha'i community as a whole, such as places of worship,
remains confiscated.  Other government restrictions have been
eased, so that Baha'is may currently obtain food ration
booklets and send their children to public schools.  However,
the prohibition against the admission of Baha'is to
universities appears to be enforced.  Thousands of Baha'is
dismissed from government jobs in the early 1980's receive no
unemployment benefits and have been required to repay the
Government for salaries or pensions received from the first day
of employment.  Those unable to do so face prison sentences.

     People with Disabilities

There is no available information regarding whether the
Government has legislated or otherwise mandated accessibility
for the disabled.

Section 6  Worker Rights

     a.  The Right of Association

Although the Labor Code grants workers the right to establish
unions, there are no independent unions.  A national
organization known as the Worker's House, founded in 1982, is
the sole authorized national labor organization.  It serves
primarily as a conduit for government control.  The leadership
of the Worker's House coordinates activities with Islamic labor
councils which are organized in many enterprises.  These
councils also function as instruments of government control,
although they have frequently been able to block layoffs and
dismissals.  Moreover, a network of government-backed guilds
issues vocational licenses, funds financial cooperatives, and
helps workers find jobs.

The Government does not tolerate any strike deemed to be at
odds with its economic and labor policies.  In 1993 the
Parliament passed a law which prohibits strikes by government
workers.  It also prohibits government workers from having
contacts with foreigners and stipulates penalties for failure
to observe Islamic dress codes and principles at work.

     b.  The Right to Organize and Bargain Collectively

Workers do not have the right to organize independently and
negotiate collective bargaining agreements.  It is not known
whether labor legislation and practice in the export processing
zones differ from the law and practice in the rest of the
country.  No information is available on mechanisms used to set
wages.

     c.  Prohibition of Forced or Compulsory Labor

Section 273 of the Penal Code provides that the Government may
require any person who does not have work to take suitable
employment.  This provision has been criticized frequently by
the International Labor Organization (ILO) as contravening ILO
Convention 29 on forced labor.

     d.  Minimum Age for Employment of Children

The labor law prohibits employment of minors under 15 years of
age and places special restrictions on the employment of minors
under 18.  Education is compulsory until age 11.  The law
exempts workers in agriculture, domestic service, and some
small businesses.  By law, women and minors may not be employed
in hard labor or, in general, night work.  Information on the
extent to which these regulations are enforced is not available.

     e.  Acceptable Conditions of Work

The Labor Code empowers the Supreme Labor Council to establish
annual minimum wage levels for each industrial sector and
region.  It is not known if the minimum wages are adjusted
annually or enforced.  The Labor Code stipulates that the
minimum wage should be sufficient to meet the living expenses
of a family and should take inflation into account.
Information on the share of the working population covered by
the minimum wage legislation is not available.

The Labor Code establishes a 6-day workweek of 48 hours
maximum, with one weekly rest day, normally Fridays, and at
least 12 leave days of paid annual leave and several paid
public holidays.

According to the Labor Code, a Supreme Safety Council, chaired
by the Labor Minister or his representative, is responsible for
promoting workplace safety and health.  The Council has
reportedly issued 28 safety directives and oversees the
activities of 3,000 safety committees established in
enterprises employing more than 10 persons.  It is not known
how well the ministry's inspectors enforce regulations.