E/CN.4/1996/95/Add.2
page 5
11.
In accordance with article 14 of the Constitution, "The Government of the
Islamic Republic of Iran and all Muslims are duty bound to treat non-Muslims
in conformity with equitable norms and the principles of Islamic justice and
equity and to respect their human rights. This principle applies to all who
refrain from engaging in conspiracy or activity against Islam and the Islamic
Republic of Iran."
12.
Article 26 of the Constitution provides that: "The formation of parties,
societies, political or professional associations, as well as religious
societies, whether Islamic or pertaining to one of the recognized religious
minorities, is permitted, provided the they do not violate the principles of
independence, freedom and national unity, the criteria of Islam or the basis
of the Islamic Republic. No one may be prevented from participating in the
aforementioned groups or be compelled to participate in them."
13.
According to article 64 of the Constitution, "There are to be 270 members
of the National Consultative Assembly. After every 10 years, in case of an
increase in the country’s population, representatives will be added to each
constituency at the rate of 1 per 150,000 additional persons. The
Zoroastrians and Jews will each elect one representative; Assyrian and
Chaldean Christians will jointly elect one representative; and Armenian
Christians in the north and those in the south of the country will each elect
one representative. If the population of these minorities increases, after
every 10 years, they will be given additional representation at the rate
of 1 per 150,000. Regulations concerning elections will be determined by
law."
14.
Article 67 of the Constitution relating to the oath taken by members of
the National Consultative Assembly provides that the representatives of
religious minorities swear on their own holy books.
15.
According to article 144 of the Constitution, "The Army of the Islamic
Republic of Iran must be an Islamic army, i.e. committed to Islamic ideology
and the people, and must recruit into its service individuals who have faith
in the objectives of the Islamic Revolution and are devoted to the cause of
achieving its goals." Article 163 of the Constitution also provides that "The
conditions and qualifications to be fulfilled by a judge will be determined by
law in accordance with the criteria of fiqh."
16.
In reply to the Special Rapporteur’s requests for information about
minority rights, the authorities drew attention to the recognized rights of
minorities provided for in article 13 of the Constitution, especially the
right to worship, religious education and family traditions, as well as the
right to representation in Parliament (arts. 64 and 67 of the Constitution)
and the free exercise of their cultural, social and religious activities
within the framework defined by the State. The authorities often used the
term "privilege" in referring to minorities, particularly their representation
in Parliament even though they are fewer in number than required by the
Constitution. In reply to the Special Rapporteur’s requests for explanations
about the use of the term "privilege", the authorities said that they meant
recognized rights of minorities.