Islamic Republic of Iran – CESCR list of issues

Statements

Islamic Republic of Iran – CESCR list of issues

Committee on Economic Social and Cultural Rights

Geneva—29 April 2013

The Baha'i International Community would like to express appreciation to the Committee for having included, in its list of issues, human rights violations that target the Baha'is of Iran.  At this stage, having noted the government’s written reply to the list of issues, we feel that it is essential to raise several points.

Article 2

In the list (paragraph 3), regarding Baha’is, the Committee asked about denial of access to employment and benefits in Governmental institutions, and also about denial of employment in general, and denial of access to higher education.

The government’s written reply claims that Bahá'ís enjoy the basic rights of citizenship and that none of them have been denied access to higher education.  That is not the truth.  All those known to be Baha'is are not allowed to study beyond secondary school, a fact that is extensively documented in our submission to the Committee.  We will return to that issue under Article 13. 

First, however, we must underline that (as you will have noted) the government did not reply to the Committee regarding denial of access to employment for Baha'is in both the public and private sectors.  Their failure to do so is of great significance because, during the past two years, the authorities have conducted their most meticulous and systematic crackdown on Baha'is as concerns the right to work. 

Article 6

We have been addressing the right to employment under Article 6 of the Covenant, and we would like to thank the Committee for raising the issue of “gozinesh” under that Article, in paragraph 9.  Baha'is are among the many people in Iran subjected to discrimination because of the “gozinesh” practice. 

But the measures applied to members of the Baha'i community go far beyond that. Anyone identified as a Baha'i is excluded from all work in the public sector and also from
25 specific trades and professions in the private sector – which include nearly all the shops and businesses that Baha'is have opened over the years because it was the only way they could earn a living in Iran.  Since 2007, authorities in over 40 localities have taken a wide range of administrative measures to shut down hundreds of Baha'i-owned shops, factories, farms and other businesses.  

During this past year, government officials harshly intensified those efforts, conducting a methodical sweep through over half a dozen cities.  The most blatant examples include the closure of all the Baha'is shops and businesses in Semnan and in Hamadan in 2012. 

Article 13

Under Article 13, the list of issues (paragraph 31) asks about the access of Bahá'ís to schools and about discrimination and harassment against them, including exclusion from higher education.  In its written reply, the government repeats its false claim that Baha'is enjoy equal rights, but also declares:

“If individuals regardless of their religion and beliefs observe the laws, no one has the right to bother them. (…)”

And:

“…no Baha'i individual has been deprived from higher education because of their belief and as long as they abide by the laws of the Islamic Republic of Iran and rules of educational institutions there will be no problem for their employment and education. (…)”

We are certain the Committee is aware that Bahá'ís are peaceful, law-abiding citizens, as required by their Faith:  a very well-known fact in over 200 countries and territories throughout the world.  We have yet to see one shred of evidence to back up the Iranian government’s allegation that Baha'is excluded from higher education have broken any of the laws of their country.  Lawyers defending Baha'is have even stated that no evidence was presented in court to substantiate charges against members of this religious community who are now in prison because of their beliefs.

You will have seen, in our submission, copies of official instructions stating that Baha'is must be expelled from universities and vocational training, as soon as they are identified as members of the community.  This year’s official guide to Iran’s national entrance exam for postgraduate studies stipulates as requirements:  “Belief in Islam or in one of the religions specified in the Constitution…  (Judaism, Christianity, Zoroastrianism)” and “Obedience to practical Islamic laws” . 

A very small number of students have been admitted to university since 2006, because they were not known to be Baha'is.  However, all students identified as members of the community have been blocked at admission or expelled.  Many of them have appealed, but no expulsion case has ever been decided in favour of a Baha'i. 

A year and a half ago, the UN Human Rights Committee stated in its concluding observations that “members of the Baha’i community continue to be subjected to a range of violations of their rights, including arbitrary detention, false imprisonment, confiscation and destruction of property, denial of employment and Government benefits and denial of access to higher education.” 

Nothing has changed since then.  The violations that we have mentioned in this statement were detailed in five documents submitted to the Human Rights Council in March this year by the Special Rapporteur on human rights in Iran, the UN Secretary-General, the Special Rapporteur on torture, the Special Rapporteur on freedom of religion or belief, and a joint report by a large group of UN Special Procedures.