A/HRC/28/70
1.
Draft bill on non-governmental organizations
39.
A bill presented by the Ministry of the Interior on 9 November 201432 appears to
further threaten the independence of civil society. The bill envisages councils at the
national, provincial and city levels that would, in part, be responsible for the issuance of
activity licences to NGOs pursuing “social, cultural, artistic, health, environmental, cultural
heritage, human rights, ethnic and development” issues, and whose activities are not
currently subject to other laws that govern professional organizations or political entities,
such as political parties (arts. 2 and 4 of the bill).
40.
According to the bill, the councils would also be responsible for the supervision and
support of NGOs and for addressing their misconduct. NGOs would be able to officially
pursue organizational activities after having received establishment permits and having
received and registered activity licences (art. 21). Procedures introduced by the bill to
establish an association appear particularly burdensome and would subject NGOs to
administrative supervision and discretion, which could then be used to suppress dissenting
views or beliefs, in violation of international laws and standards.
2.
Bill on the formation and activities of political parties and groups
41.
A bill on the formation and activities of political parties and groups was first
introduced in Parliament on 20 July 2012. On 20 July 2014, Parliament suspended
consideration of the bill for three months amid concerns over its provisions. 33
42.
Some aspects of the bill are particularly disconcerting, as they appear to effectively
disenfranchise individuals arrested or prosecuted for peacefully exercising their rights to
expression, association and assembly. This includes individuals arrested or prosecuted
during the months following the 2009 presidential elections, as well as lawyers, journalists
and human rights activists who may have expressed dissenting or critical views on a wide
range of issues.
43.
The bill prohibits political parties from conducting activities in the absence of two
permits issued by a nine-member party commission34 consisting of government
representatives, including officials from the Ministry of the Interior, the Ministry of
Intelligence and Parliament, the Attorney General and the head of the judiciary.35
44.
In order to obtain an initial permit, applicants will have to submit a list of proposed
members along with the party’s manifesto, including world view, intellectual and
ideological foundations, objectives and plans to meet objectives, and the party’s general
approach to cultural, economic, social, political, administrative and legal issues in the
country.36 The applicant’s statute and manifesto will also have to also explicitly state
adherence to the Constitution and the principle of the guardianship of the Islamic jurist. 37
45.
The bill bans individuals associated with “counter-revolution” groups and those
convicted of domestic and foreign security crimes from establishing a political party;
former members of parties previously dissolved by a court who were influential members at
the time of the dissolution will be prohibited from joining or establishing a political party. 38
32
33
34
35
36
37
38
12
Fars News Agency, 1 December 2014; www.farsnews.com/newstext.php?nn=13930905000787.
Official website of Parliament, http://rc.majlis.ir/fa/legal_draft/state/814244.
Young Journalists Club, 13 July 2014, www.yjc.ir/fa/print/4908729.
Official website of Parliament, http://rc.majlis.ir/fa/legal_draft/state/814244.
Iranian Students’ News Agency, 13 July 2014, http://isna.ir/fa/news/93042212597.
Ibid.
Tasnim News Agency (semi-official news), 15 July 2014, www.tasnimnews.com/Home/Single/432095.
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