6B. HUMAN RIGHTS:

SPECIFIC GROUPS

Ethnic minority groups

6.112. In general, the Government does not discriminate on the basis of race. [2b] Although In some instances, it discriminated on the basis of language, such as with the Kurds, Azeris, and Ahwazi Arabs. [4m] The majority are ethnic Persians. The largest ethnic minority in Iran are the Azaris. Other minorities include the Kurds, the Arabs of Khuzistan, the Baluchis of Baluchistan and Sistan, the Bakhtiaris of the Bakhtiari mountains, the nomadic Qashqais of central/southeast Iran, and the nomadic Sunni border tribe of Turkomans.

Kurds

6.113. The Kurds are believed to number about 6 million and live in the northwest of the country, principally in the province of Kurdistan, along the borders with Iraq and Turkey. The Islamic regime deals harshly with rebellious Kurdish leaders seeking autonomy - notably those of the Kurdish Democratic Party of Iran KDPI and the Marxist Komaleh - and their militant supporters. [3b][4e] Iranian troops are permanently stationed in Kurdish areas and also monitor the activities of members of the Iraqi Kurdish Democratic Party in the areas. [3b] However, ethnic Kurds can be found in all walks of life in Iran both in the private and public economic sectors as well as in Iran's military and civilian establishments. [3a][4e]

6.114. Most Kurds are Sunni Muslims but there is a minority of Shi'i Muslim Kurds in Iran, primarily in the province of Kermanshah. While the Kurds in Iran traditionally had a nomadic component to their society, most have been settled due to government policy. The Kurds speak several dialects of the Kurdish language and are divided into many tribes. [33]

6.115. The status of the Kurds in Iran remains basically unchanged since 1989. The UN Special Rapporteur reported that the Government appeared to be encouraging Kurdish cultural expression, and subsidizing some Kurdish language classes. The number of Kurdish publications increased, and discussion of limited Kurdish TV broadcasting began. However, there was still no public school education in the Kurdish language. [4m] The KDPI and Komala are still engaged in a military campaign in an effort to gain regional autonomy, mostly using bases in the part of Iraq which is now the Kurdish autonomous zone. [33] In late 2000, a Kurdish Member of Parliament publicly alleged the existence of a campaign of repression and serial killings against the Kurdish community in Iran and in the following year, in October 2001, all six members of the Iranian Parliament from Kurdistan province collectively resigned. Their joint letter to the Interior Minister claimed that the legitimate rights of the Kurds, especially the Sunni amongst them, were being denied. Whilst there are a number of Kurdish MPs they are not able to form a pro-Kurdish party and they hold their seats as independent candidates. [10u]

Arabs

6.116. The Arabs in Iran probably date back to the Arab conquest during the 7th and 8th centuries which brought Islam to Iran. The main factor that differentiates them from Iran's Persian speaking majority is that they speak one of several dialects of Arabic. [33] At least two million Arabs, mainly Shi'a Muslims, live in Iran, chiefly in Khuzestan and in the south. The Sunni Arabs tend to live on the Gulf coastline. [3a] About 40% live in urban areas and the majority of these urban Arabs are unskilled workers. Some urban Arabs and most rural Arabs are tribally organized. These tribal loyalties can have a major impact not only on a societal level but also on political considerations. The rural Arabs of Khuzestan are mostly farmers and fishermen and many of those that live along the Persian Gulf coastal plains are pastoral nomads. These areas contain most of Iran's oil reserves. [33] Many are employed in the agriculture and oil industries. [3a]

6.117. Both the urban and rural Arabs of Khuzestan are intermingled with the Persians, Turks and Lurs who also live in the province and often intermarry with them. Despite this, Iranian Arabs are regarded by themselves and by Iran's other ethnic groups as separate and distinct from non-Arabs. [33]

6.118. The Government of Iraq, both before and after Iran's 1979 revolution, accused Iran of discrimination against its Arab population. Despite this, the Arab population of Khuzestan sided with Iran during the Iran-Iraq war. [3a][33] Outside of Khuzestan there is little ethnic solidarity among Iran's Arabs. The division between Shi'i and Sunni Muslims also hampers ethnic solidarity. [33]

6.119. The Arab Political Cultural Organization APCO was formed in 1979. It requested some concessions in April 1979 and was given the green light to form a provincial council with limited autonomy. Unrest occurred afterwards due to the presence of Revolutionary Guards, especially in the Khuzestani city of Khorramshahr. The unrest continued and escalated when the Arabs started bombing oil refineries and pipelines on "Black Wednesday" June 14, 1979. On April 30, 1980, they seized the Iranian embassy in London in order to free 91 Arabs imprisoned in Iran. [33]

6.120. However attempts to gain autonomy gave way to support for Iran during the Iran-Iraq war. [33]

6.121. Foreign representatives of the Ahwazi Arabs of Khuzistan, whose numbers could range as high as 4 million or more, claimed that their community in the southwest of the country suffered from discrimination. They claimed that the Ahwazis were denied the right to study, speak, publish newspapers, and educate their children in Arabic, and that the use of Arabic names for babies was prohibited except for ordinary Shi'a religious names. They asserted that the Government has ignored their appeals to de-mine the vast stretches of Khuzistan which were mined during the Iran-Iraq War, and that consequently, many people, especially children, continued to be maimed by mines. [4m]

6.122. Like every other group, in terms of levels of discrimination, Arabs do not openly express their ethnic identity. However during the February 2000 elections police fired at crowds of demonstrators protesting against alleged ballot rigging in two towns in southwestern Iran, Shush and Shadegan, killing eight and wounding scores more, [5aab] and there is some evidence of riots in Abadan that have been connected to the fact that Khuzestan as a province has been neglected by the central Government. [3c]The riots in Abadan began on Wednesday 5 July 2000 with a peaceful demonstration outside the office of the Governor of Abadan Mr Nazemi, close to Bassij Square, which was formerly Taiib Square. Between 7,000 and 8,000 demonstrators (residents of Abadan) protested from 8 a.m. against the poor quality of the drinking water. The fact that the drinking water contained too much salt was a problem which was known to everyone. The first three hours of the demonstration went by peacefully. Riots then broke out on and around Bassij Square, and the tone of the demonstration became political rather than social. A total of around 300 people were arrested and It was rumoured that a few people were killed. [43]

6.123. There have been death sentences, although those convicted had been involved in violent acts such as the bombing of offices and liaisons, etc. [3c] As recently as January 2002 five Arab activists were hanged in Ahvaz for arms smuggling. According to the Ahwazian Arab Peoples Democratic and Popular Front, an organisation based in Europe, another five men have recently been condemned to death in Ahvaz, apparently for opposing the Government's policy of land seizures in the region [9o] and on 10 June 2002, according to Amnesty International, a sixteen year old, a member of Iran's Arab minority, was reportedly detained without charge at Tehran's Mehrabad airport. Detained with other individuals, not specifically Arab, he was held in connection with passport and visa violations, though the arrest may have been politically motivated. [9m] Amnesty has expressed concern in terms of possible torture and illegal detention. [9m]

Baluchis

6.124. The Baluchis are Sunni Muslims, numbering between one and two million. [3a] Iranian Baluch are not targeted as a group and not persecuted unless they are involved in some general opposition-related activities. They are mainly concentrated in Baluchistan province at the border with Pakistan and Afghanistan. [3c] There are large areas in these provinces that are not under the control of the Iranian authorities. In addition, the jails are overcrowded with Afghans and Baluchis who have been lured into the lucrative drug trade. [3c]

6.125. The situation of the Baluchis since 1989 seems to have remained unchanged, both economically and politically. They still inhabit some of the poorest regions in Iran and still are denied autonomy by the Iranian government. [33] The Baluchi grievances have related to discrimination against them in the economic, educational, cultural and political fields. A number of Baluchi Sunni leaders have been killed, and it has been suggested that the circumstances could be taken to suggest the involvement of the authorities in their deaths. [10u]

Azeris

6.126. Iranian Azeris are not targeted as a group and not persecuted unless they are involved in some general opposition-related activities. [3c] The Azerbaijanis, also known as the Azeris, are the largest minority in Iran composing between one quarter and one third of Iran's population estimates vary because the Iranian census does not count Azeris specifically. They are Shi'i Muslims and in most respects similar to the rest of the Iranian population. [33] Many prominent Iranian Shi'i clerics have been and are Azeris. The one factor that differentiates them from the rest of the Iranian population is that their native language is Azeri Turkish. They live in the northwestern provinces of East and West Azerbaijan as well as in Tehran and scattered communities in between these provinces and Tehran. [33]

6.127. For a brief period after the revolution, the Azeri language press flourished. Also, with Soviet encouragement and support, Azeri nationalism and the desire for autonomy began to resurge. However, the Iranian Government considered this nationalism to be the result of Soviet interference in Iranian affairs and began to repress this resurgent nationalism in the early 1980s. After 1981, there were few reports of disturbances and by 1984, only one of the many Azeri language publications remained. The Azeris, as of the late 1980s, have participated in the Iranian government at a national level as much as any other group, including ethnic Iranians, up to the highest levels of government. [33]

6.128. The Azeris have no illegal or legal political parties or organizations. As has been the case since the mid-1980s, the Azeris have not had to deal with much repression or discrimination. The Iranian government prefers to emphasize the cultural similarities between the Persian speaking majority of Iran and the Azeris. The only repression or discrimination that occurred since the revolution has been immediately after the revolution in order to repress the stirring Azeri nationalism and demands for autonomy. [33] Nevertheless, there have been complaints about discrimination against Azeris by the Iranian regime, particularly against Turkic speaking Azeris. One commentator writes of the dominance of a policy of 'Persian chauvinism' leading to the removal of the Azeri language from official use in all areas such as schools, courts, government structures and the army as well as the prohibition of some forms of Azeri cultural expression. [10u]

Women

6.129. Iranian women were very much involved in the 1979 Revolution. Women were told to take to the streets and participate in the overthrow of the Shah and in the establishment of an Islamic State. While initially women in the Revolution were heralded as heroic militants, gradually the clerical elite has come to describe the ideal woman as an obedient wife and mother. [3c]

6.130. Both the Constitution and international conventions adopted by Iran grant men and women equal rights. This conforms to Islamic criteria. Further, Article 21 of the Constitution stipulates that the government shall guarantee women's rights in all respects and create a favourable atmosphere for restoring their material and spiritual rights. [3b]

6.131. This is not to say that women do not face social and legal discrimination. [4f] The view of women in a primarily familial context and motherhood role continues to be encouraged. Women may work or study, [4k] although some areas of study are closed to women, female students are segregated from male teachers, and social constraints inhibit their opportunities. [2d]This said, the literacy level was more than 80per cent among Iranian women in 1998 [14a] and may now be above 90 per cent. [10b] In a recent statement made by the adviser to the President on Women's Affairs, it was reported that the percentage of 6-14 year old girls attending school had increased from 94 per cent to 97 per cent and that the percentage of girls accepted at universities had increased to 64 per cent. [5aj] The choice of a woman's occupation depends on her husband, who may prevent her working if he deems it contrary to the family's interest, although he must prove this to the Special Civil Tribunal. [2d][3c] Women workers are subject to difficulties in the work place particularly as a result of entrenched cultural attitudes. [21aaq]

6.132. The State enforces gender segregation in most public spaces, and prohibits women mixing openly with unmarried men or men not related to them.  Women must ride in a reserved section on public buses, although the first woman bus driver has just taken to the roads, [21aae] and must enter public buildings, universities, and airports through separate entrances, although this restriction does not appear to be enforced universally and is often because they have to go through security checks. It means that the checks can be carried out by a woman. Women are prohibited from attending male sporting events, [4h] although foreign women have been allowed to watch international football matches in Iran and it was announced in early January 2003 that a Tehran football club - Paykan - had started to allow women into its' stadium to watch games. [17e] In August 2002 the authorities banned women as well as youths under 25, from smoking the Middle Eastern Water Pipe, or Narguileh, in Tehran's restuarants and cafes. As part of a bid to maintain "social discipline". [ 5ap]

6.133. However, in a report dated January 30 2003, it has been said that many of these restrictions are being eroded.[39a]

6.134. 30per cent of doctors are said to be women. [10b] However, in 1998 the Majles passed legislation that mandated segregation of the sexes in the provision of medical care.  The bill provided for women to be treated only by female physicians and men by male physicians and raised questions about the quality of care that women could receive under such a regime, considering the current imbalance between the number of trained and licensed male and female physicians and specialists. [4h] This law is almost universally ignored without problem. Women's recruitment to the police force was approved in 1998, though mainly to work in women-related functions; it was announced on 29 August 2002 that soon, in Zanjan Province, female police officers will carry out patrol duties [5ai] and soon similar units will become active in other provinces. It is anticipated that by early 2003 there will be at least 400 qualified policewomen joining male colleagues on the streets of Tehran [21aad] In May 2003 it was expected that Iran's first female police officers would graduate in August 2003 [21aap]and they did in fact graduate on 04 October 2003. [21aay] Women journalists now have their own professional association. [10b] and the first female university chancellor has been appointed, albeit to a women's university. [10b]

6.135. In the political field, women have been appointed to two positions of some responsibility by President Khatami, with Masumeh Ebtekar appointed as the first female vice president for environmental protection thereby giving a woman Cabinet rank for the first time since the founding of the Islamic Republic. [1a][4b] and Azam Nouri as Deputy Minister of Culture and Islamic Guidance, both in 1997. He has also appointed a woman to serve as Presidential Advisor in the Foreign Ministry's Department for Women and Social Affairs. One of the district mayors of Teheran is also female.  However, women held only 13 of the 290 Majlis seats during the year 2002. [1a][4g][4h][4m][26i] On 27 May 2002 it was reported that the Government was planning to employ women in the Foreign Ministry as secretaries and charge d'affaires. [5ak]

6.136. Women have been appointed to four positions of female family court judge by President Khatami. [3b] However, the role of the four female judges was challenged and described as symbolic, as judicial consultants brought in to improve the image of women in Iran for the benefit of the international community. [10j][10m] Their authority is limited principally to family law cases. [4f] Following the first female prosecutor appointment in 1996, twenty women were reported to be training as investigative judges. [3b] Women have also been appointed to senior diplomatic positions overseas although women must be married to serve overseas as diplomats. These developments indicate some change in the situation of women within Iran. [10b]

6.137. Women suffer discrimination in the legal code, [3c] particularly in family and property matters. This is the area that affects women most badly. It is difficult for many women, particularly those living outside large cities, to obtain legal redress.  Under the legal system, women are denied equal rights of testimony and inheritance. [10j] In a bill passed by the Majlis 22 May 2002 gave divorced mothers the same custody rights over boys as girls [5al] and now awaits Guardian Council. It should be appreciated that it is necessery for the Guardian Council to approve any legislation before it can become law and in areas such as this it is highly unlikely that tey will so approve. A woman's testimony is worth half that of a man's, making it difficult for a woman to prove a case against a male defendant. [9c]

6.138. Violence against women in the family is recognised, with “blood money” - Diyah. Although the award to a women will be only half of that made to a man. In addition, families of female victims of violent crimes are reported to have to pay for an assailant's court costs. The "blood money" paid to the family of a female crime victim is half the sum paid for a man, and will remain so even if the new law passed by the Majlis equalizing "blood money" for Muslims and non-Muslims is accepted by the Guardian Council. Any change would only pertain to men. [4m] Little detail is known of the degree of domestic violence in Iran, with no official statistics on abuse within the family [4f] although Surveys (eg Tehran University surveys) indicate levels of domestic violence are very high, women have almost no legal redress, and there is a fair amount of social tolerance of domestic violence. Iran welcomed UN contributions to the drafting of a convention on the elimination of forced labour and trafficking in women for sexual and other exploitation. [10n]

6.139. A prominent Iranian scholar, Ayatollah Bojnourdi, spoke out in favour of the revision of laws, which are discriminating between men and women. In 1998 the judiciary's Bureau of Women's Affairs further said that legislation meant to reduce hardship for women in divorce and property cases had not yet properly implemented. [10b] In addition to the position of women regarding evidence of witness, inheritance, retribution and judgement in civil and penal codes, the continued arranged marriages of young girls by fathers and grandfathers was noted. [10b]

6.140. Women are given segregated medical treatment following the recent “Medical Religious Standard Conformity Act”, other than where emergency wards are used. They also travel in segregated railway carriages unless travelling with a male companion; have access to separate parks within some cities; and can use separate facilities in a newly opened passport office. While the Iranian authorities have claimed such steps are for the safety and convenience of women, they do not represent gender equality according to international standards. [10m]

6.141. In December 1997 President Khatami called for a re-evaluation of religious attitudes towards women, to “purge practices that are considered religious but are not”. [10b] Conservatives responded by trying to ban activism for women's rights. [8d] In June 1998, Legal scholar Hojatoleslam Sayyid Mohsen Saidzadeh was convicted by the SCC for his outspoken criticism of the treatment women under the law. He was released from prison early in 1999; however, the Government banned him from performing any clerical duties for 5 years and prohibited him from publishing. [4g] A bill aimed at making defence of women's rights outside legal and Sharia frameworks illegal, passed its second reading in August 1998. This bill would also prevent pictures of unveiled women from appearing in the press. [8d]

6.142. Limited practical improvement in the condition of women is evident. The Deputy Speaker in the Majlis has stated that laws need to be amended before women can enjoy their full rights. In 1998 the Government published several papers on a three-year action plan to help prevent, identify and deal with violence against women [10b]

6.143. With regard to passports, the requirements are usually checked when a person wanting to leave applies for a passport. If the criteria, one of them being the husband's permission, are not fulfilled the passport will not be issued. Once you are at the airport you should not have a problem. There does not seem to exist a special written permission by the husband for a woman to leave the country. [3c]

The Hijab

6.144. The Hijab modest dress code became mandatory in 1980 and is required to be worn in all public places regardless of a woman's religion or citizenship. [3c] Women's hair must be fully covered and their faces free of make-up. Contravention of the dress code is punishable by either a verbal reprimand, [3a][3b] a fine, 74 strokes of the lash [3a][3b][8b] or a prison term of up to three months. [8b] Enforcement has varied considerably since the death of Ayotollah Khomeini, and continues to be enforced arbitrarily. Thousands of women have been arrested and taken in for questioning and in some cases flogged; arrests are carried out by the morality police, the Revolutionary Guards and the Baseej. Detentions increase during periods such as the period of Moharram in May 1998, associated with mourning and piety. [8d] Failure to observe the Islamic dress code at work by government workers can result in prosecution under a law passed in 1993. [4f]

6.145. The public attempts at loosening the Hijab are driven predominantly by those aged under 25 years, who make up 60 per cent of the population. There is some evidence that this rigidity, particularly in Tehran, is loosening. [40a] The battle between Khatami and the hard-line conservatives over relaxing the Islamic restrictions continues. [14a]

6.146. The Web is providing a way for women in Iran to talk freely about taboo subjects such as sex and boyfriends. [21z] as a result of the increase in the number of weblogs or online journals. [21z]

Marriage

6.147. Current law in Iran sanctions two types of marriage: permanent marriage and temporary marriage called sigheh or mut'a. Temporary marriage is limited by a period of time, normally specified in the marriage contract, which may vary from 1 hour to 99 years. The husband may terminate the marriage at any time. Men are allowed up to four permanent wives and an unlimited number of concubines or temporary wives. [2d][4f] Muslim men are free to marry non-Muslim women, but marriage between Muslim women and non-Muslim men is not recognised. [4f]

6.148. The marriage rate increased by only 4 per cent from 1987 to1995, whereas the divorce rate increased by 9 per cent over the same period. [3b] The showing of the film “Leila” in Teheran in 1997 generated public debate about the status of married women, and of multiple marriage in particular. [10b] The minimum legal age for marriage is 13 years, [4f] Although the Majles have passed a bill raising the age to 13 for girls and 15 for boys there may be instances, particularly in rural areas where this will be ignored. Although marriage at the minimum age is rare. [4h]  All women must have the permission of the father or a living male relative to marry.

Mehriyeh

6.149. "One of the most important details to be agreed upon is to set a "mehriyeh".This is the amount of monetary compensation that the future husband will have to pay his wife in the unfortunate case of a divorce. Mehriyeh has proven to be a fairly effective insurance policy for the women in a society where there are limited options after a divorce. The process of setting the mehriyeh amount is sometimes the subject of much controversy and business-like negotiations, occasionally causing one side (or both) to call the whole thing off! For many aristocratic and modern Iranian families, a high mehriyeh is a status symbol, while many religious and orthodox families, as well as the intellectual types, express their confidence and faith in the future strength of the new marriage by setting the mehriyeh to be a very small token amount or simply a copy of the holy book of Ghoraan (The Moslem holy book of Qoran) and a couple of pieces of Iranian crystal sugar rocks! The sugar is to symbolise the sweetness and joy that is intended and sought from the marriage." [51]

6.150. Following the 1979 Revolution in Iran, Islamic leaders told the populace to procreate and produce an army of 20 million. The population subsequently grew by up to 4 per cent per annum. However, the clerics now support the notion of contraception with teachings from the Koran, and the population growth rate has halved. [15a]

6.151. Iran' s reformist parliament passed a bill on 27 August 2002 which would allow donation of foetuses for the first time since the 1979 Islamic Revolution but the bill needs approval by the conservative Guardian Council of Clerics to become law. [5an]