Report on Item 4: Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in Iran

United Nations Human Rights Council, 46th Session

March 9, 2021

By: Nora Futtner/GICJ

.

Presentation of the Report

On March 9th, Mr. Javaid Rehman, Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, presented his report to the United Nations Human Rights Council. In particular, Mr. Rehman emphasized issues relating to Iran’s response to COVID-19, sanctions, arbitrary detainment, violations during the November 2019 protests, the death penalty, rights of minorities, and women and girls’ empowerment. He opened the discussion by thanking Iran for its engagement with the process, and its consistent replies to his communications, but also noted that his requests to conduct a country visit to Iran in line with the terms of the mandate have been repeatedly denied.

UN Web TV Screenshot: The Special Rapporteur delivers his opening statements.

The increased economic, political and social challenges in Iran that have resulted from the global COVID-19 pandemic were a focal point of Mr. Rehman’s report. He expressed concerns that the unilateral sanctions placed on Iran have hindered its ability to respond effectively to the pandemic, and that attempts to institute humanitarian exemptions have proved unsuccessful. The Special Rapporteur urgently recommended that sanctions be eased in order to protect the right to health in Iran.

At the same time, Mr. Rehman noted that the government of Iran did not conduct an adequate response to the pandemic, which resulted in an increased death toll, especially among hospital workers, who were left to battle the virus with limited protective equipment. So far, 60,000 Iranians have died from the virus. He additionally recommended that Iran immediately release all those who are arbitrarily detained, and especially dual and foreign nationals and members of minority groups, because they are at risk of contracting COVID-19 if they remain in prison.

The statement also underlined that, despite eighteen months having passed, Iran has not yet conducted a proper investigation into the human rights violations that occurred during the protests of November 2019. It has become clear that there is a lack of political will to conduct independent and transparent investigations and Mr. Rehman called upon the international community to pressure Iran to address these violations.

Mr. Rehman also brought attention to the high execution rate in Iran, including of children. Of the 267 executions that occurred in 2020, four were of individuals that were under the age of 18 when they committed the crime. Further, the death penalty is frequently applied to acts that should not be considered crimes at all, according to Mr. Rehman, and do not abide by the definition of ‘most serious crimes.’ He noted that in Iranian law, the death penalty can be applied for consensual same sex relations and urged Iran to immediately reform this law and end all forms of discrimination against minorities. Mr. Rehman also mentioned the continuous human rights violations against ethnic and religious minority groups in Iran, which included harassment and arbitrary detention.

Finally, the Special Rapporteur highlighted the lack of women and girls empowerment in Iran. He called upon Iran to take immediate action to end the practice of child marriages, which is allowed for girls as young as 13 and even younger with the consent of the child’s father and a judge. Gender discrimination in law, including those which demand women to get permission from fathers and husbands in order to divorce, and other laws that strip women of the right to make their own decisions about personal matters, was emphasized. Mr. Rehman stated that the bill before parliament which focuses on protection, dignity and security for women makes steps in the right direction but requires significant improvements. Finally, he urged Iran also to end the practice of imprisoning and harassing Iranian women’s rights activists, including those campaigning against veiling laws.

Opening Statement of Iran

Mr. Esmaeil Baghaei Hamaneh, representing the delegation of the Islamic Republic of Iran, began his statement with requesting one minute of silence for women health care workers who sacrificed their lives during the pandemic. In response to wording used by the Special Rapporteur, Mr. Hamaneh stated that these women are not seen as “second class citizens,” in Iran, but instead as martyrs.

UN Web TV Screenshot: Mr. Hamaneh presents the opening statement of Iran.

He proceeded to say that the Special Rapporteur’s report on the human rights situation in Iran did not reflect the reality on the ground. He signaled his belief that the interactive dialogue was being used as a platform to attack Iran, which is counteractive to the mission of the council to promote human rights and stated that human rights discourses have recently been weaponized to ‘score points’ on the international stage.

Mr. Hamaneh emphasized that Iran had a ‘courageous’ and ‘efficient’ COVID-19 response and that the country has done its best to minimize suffering despite the “terrorism” of sanctions. He signaled his dismay that the United States is continuing the legacy of the Trump administration’s maximum pressure campaign, despite a change in leadership. To conclude, Mr. Hamaneh stated that Iran remains resolute in promoting and protecting human rights and that it plans to continue engagement with the United Nations human rights mechanisms.

Statements by Member States

Twenty-nine delegations in total chose to participate in the interactive dialogue. The majority of statements welcomed the report of the Special Rapporteur, and made recommendations relating to issues such as Iran’s use of the death penalty, impunity for the violations during the 2019 protests, women’s and girls’ rights, harassment of human rights defenders and activists, and discrimination against LGBTI individuals and ethnic and religious minorities.

UN Web TV Screenshot: Representative of the Czech Republic Participates in the Session.

The European Union made the first statement and welcomed the report of the Special Rapporteur. The delegation expressed concern about the application of the death penalty, especially the practice of secret executions, and urged Iran to respect the International Covenant on Civil and Political Rights. The EU called upon Iran to repeal laws on torture and ratify the convention against torture, hold perpetrators accountable for acts of domestic violence, protect human rights defenders, journalists and dual nationals, respect minority rights, and cooperate with the facilitation of a country visit. They also mentioned that women and girls must be given the right to participate in public affairs and culture and that the freedom of expression and right to assembly, including online, must be upheld. Germany, France, The Netherlands, and Ireland aligned with the EU statement.

The delegation of Denmark spoke on behalf of the Nordic Countries, and commended Iran for progress on equal access for education, while also sharing concern about the use of the death penalty and forced confessions in the aftermath of the 2019 protests, discrimination against women and girls, continued harassment and discrimination of religious minorities and LGBTI individuals and the imprisonment and harassment of human rights defenders.

UN Web TV Screenshot: Representative of Switzerland participates in the discussion.

All countries who accepted the mandate of the Special Rapporteur mentioned their concerns about the death penalty in Iran, both in law and in practice, and most also expressed alarm about the execution of youths. Switzerland and Israel specifically both brought up the issue that in Iranian law, the death penalty can be applied against girls as young as nine years old and appealed for a moratorium on all executions of juveniles under the age of 18. Arbitrary detainment was mentioned in several statements, including by Belgium, the United States and Saudi Arabia, with recommendations made to immediately end this practice and reform judicial processes. The United Kingdom asked the Special Rapporteur to make recommendations to States as to how they can encourage a transparent judicial process for all detainees. Numerous delegations raised alarm over the continued impunity for violations inflicted upon protestors during demonstrations in November 2019, which included the practice of arbitrary detainment.  

On the issue of women’s and girl’s rights, examples of recommendations included The Republic of North Macedonia calling upon Iran to ratify the Convention on the elimination of all forms of violence against women and domestic violence, and Slovenia and Australia recommending that Iran take immediate steps to ameliorate the general status of women and girls in Iranian law and society, including by ending child marriage. Belgium asked that the Special Rapporteur go into further detail on the number of unreported victims of violence against women, considering the stigma against reporting.

UN Web TV Screenshot: Representative of Burundi participates in the discussion in-person.

Russia, Venezuela, Democratic People’s Republic of Korea (DPRK), Belarus, China, the Syrian Arab Republic, Sri Lanka, Cuba, Nicaragua, and Burundi condemned the terms of the country mandate. These countries stated that, because the country mandate was not consensual, they did not accept the report of the Special Rapporteur. Most mentioned that country mandates contribute to the politicization of human rights issues and are not impartial. Additionally, several expressed dismay that the onus of blame was placed on Iran, instead of the United States, whose sanctions negatively affected the human rights of Iranian people. Cuba recommended that country-specific issues be addressed during the Universal Periodic Review, because mandates that are imposed on countries are “doomed to fail.” Belarus, DPRK, Nicaragua and Burundi commended Iran for reducing human suffering, in spite of the sanctions.

The representative from Russia in particular mentioned that protection of human rights in Iran is politicized for ‘political points scoring’ and warned that any outburst against Iran would be seen in the context of the Iran nuclear deal. The Syrian Arab Republic accused the Special Rapporteur of including non-neutral sources in the report and ignoring the human rights violations which resulted from the sanctions imposed on Iran.

Statements made by Non-Governmental Organizations

UN Web TV Screenshot: The Vice President of the Council calls on NGOs to make their contributions.

Ten NGOs made statements during the interactive dialogue, although one was not directly related to the Agenda Item. The World Coalition Against the Death Penalty’s statement stressed that Iran has one of the highest execution rates and death sentencing rates in the world, with an estimated 3,000 people being sentenced to death during 2020. In recent years, members of the Baloch minority group have been specifically targeted for execution, which the World Coalition stated is unacceptable. The British Humanist Organization stated that Iran may be acting against article 23 of its own constitution by executing religious minorities.

The Human Rights Documentation Center, in a joint statement with Amnesty International, also spoke on the violations against the right to life in Iran and highlighted the ever-growing rate of executions in Iran. They also brought up the issue of impunity for the protests of 2019, and the impunity that has remained for decades for the secret executions conducted in 1988 and asked the Special Rapporteur for recommendations on how the international community can combat this impunity. The International Humanist and Ethical Union also called for an investigation of the 1988 violations.

The International Federation of Journalists, International PEN, British Humanist Organization, and the International Organization Against Censorship all emphasized the importance of addressing the continued harassment, torture and arbitrary detainment of human rights defenders, journalists, lawyers and dual nationals. Specific topics included death threats for journalists who write on Iran, even if they live outside of the country, the harassment of women’s rights activists, and the use of counterterrorism laws to detain dual nationals. The International Center Against Censorship highlighted the two new penal codes in Iran which criminalize the right to freedom of expression of belief and asked the Human Rights Council to renew the mandate of the Special Rapporteur in light of this ‘ongoing crisis.’  

The Bahá’í International Community underscored Iran’s discrimination against members of the Bahá’í religious community, which has impacted their access to fundamental human rights. According to the organization, Iran has used “economic strangulation as a tool of oppression,” confiscating land and homes from Bahá’í communities as a means to further impoverish the community. They have also been banned from public service jobs and university education. The organization asked the Special Rapporteur to address Iran’s response to concerns raised in relation to the Bahá’í community.

.

Closing Remarks by the Special Rapporteur

UN Web TV Screenshot: Javaid Rehman gives closing remarks to the Council.

Mr. Javaid Rehman’s closing remarks reemphasized the failure of accountability for the lethal force used by security forces during the protests in November of 2019. He called upon the international community to pressure Iran to take ensure accountability for the violations because of the clear absence of internal political will to do so.

The Special Rapporteur highlighted two impacts of the pandemic on human rights in Iran. The first was the impact of the pandemic on health personnel, many of whom are women. Healthcare workers toiled on the front line of the pandemic for months, often with limited protective equipment and delayed salaries. Mr. Rehman expressed alarm that security forces stopped peaceful protests in June which aimed to educate the Iranian populous about the impact of the pandemic on healthcare workers. Second, Mr. Rehman noted that the pandemic worsened preexisting problems in Iran, especially domestic violence. He recommended that Iran strengthen their framework for domestic violence, and that states who have found compatibility between Sharia law and international human rights law engage with a dialogue on Iran as to how to strengthen women’s and girls’ rights within this framework.

.

The Position of Geneva International Centre for Justice (GICJ)

Geneva International Centre for Justice (GICJ) welcomes Iran’s engagement with the council, the insightful report by the Special Rapporteur on the Situation of Human Rights in Iran, and the recommendations made by States and NGOs. GICJ echoes the concerns of the Special Rapporteur and looks forward to the extension of the mandate, believing it to be crucially important in light of the current state of human rights in the country.

The International Organization for the Elimination of All Forms of Racial Discrimination (EAFORD), together with GICJ, submitted an oral statement to the council regarding this agenda item. First, the statement emphasized the widespread impunity for the violations of human rights that occurred during November 2019 protests, where Iranian security forces killed at least 304 people. The concern over this obvious violation of protestors’ freedom of expression was echoed numerous times throughout the interactive dialogue.

Second, the statement addressed the violations that occurred in the aftermath of the protests, when the Iranian Revolutionary Guard Corps detained approximately 7,000 peaceful protestors and subjected many of them to acts of torture while denying them access to lawyers. It has become clear that the habitual practice of arbitrary detainment and harassment of human rights defenders, activists and lawyers, and dual nationals is politically motivated and serves the purpose of punishing individuals who challenge the status quo and discouraging activists from continuing their work.

EAFORD and GICJ called upon the Council to act against impunity and bring justice to the victims by conducting a thorough and transparent investigation of the violations related to the November 2019 protests, and to pressure Iran to release all who are arbitrarily detained. For years, GICJ has followed human rights in Iran and has witnessed little progress. It is clear that Iran will take any and all steps to crush dissent in the country, whether that be through intimidation and harassment, or execution. In light of this, the international community, including relevant UN bodies, NGOs and civil society must increase pressure in Iran to end these practices, by foregrounding human rights progress in all future engagement with Iran.

Keywords: Iran, human rights, arbitrary detainment, death penalty, harassment, activists, intimidation, execution, torture, protests, justice, victims, women, COVID-19, pandemic, impunity, discrimination, sanctions, journalists