A/HRC/19/66
I. Introduction
1.
The Islamic Republic of Iran possesses the basic legislative framework and tools to
promote respect for human rights. The country is a party to five of the nine legally-binding
international human rights treaties, and many of the rights guaranteed therein are enshrined
in the Constitution. International commitments and constitutional provisions
notwithstanding, however, it is clear that elements of the legal framework, together with
insufficient adherence to the rule of law, create systemic obstacles to the Government‟s
ability to adhere to these commitments. As an original member of the United Nations
system, the Islamic Republic of Iran has an important role to play in the global community
but this has unfortunately become overshadowed by confrontation and tension. The Special
Rapporteur believes that meaningful cooperation with United Nations human rights
mechanisms could help the country to lessen potential for politicization, an issue about
which the Government has repeatedly expressed its deep concern.
2.
Despite the statements made by representatives of the Islamic Republic of Iran
regarding the Government‟s interest in cooperation with United Nations human rights
mechanisms and its standing invitation to thematic special procedures mandate holders of
the Human Rights Council, the Government has not permitted visits since 2005.1 The
Special Rapporteur regrets the fact that the Government has not addressed his request for a
country visit issued on 19 September 2011, despite its stated intention to invite two special
procedures mandate holders in 2012. The Special Rapporteur continues to urge the Iranian
authorities to give positive consideration to his request, as well as those of the Human Right
Council and the General Assembly to allow his unfettered access to the country to carry out
his mandate.2 While the Special Rapporteur was not granted access to the country during
the period under review, he fulfilled his mandate to the best of his ability on the basis of
voluminous information collected from a variety of independent and reliable sources. The
Special Rapporteur reaffirms that he maintained his independence, impartiality and
objectivity in weighing the information provided to him.
3.
The Special Rapporteur regrets the fact that a number of urgent appeals made by
various thematic mandate holders, as well as several joint communications transmitted to
the Government of the Islamic Republic of Iran by the Special Rapporteur together with
other special procedures mandate holders, also remain unaddressed. The insufficient
engagement of the Government with the mandate holders was highlighted in a 2010 study, 3
which concluded that the Islamic Republic of Iran held the highest number of pending visits
requests of all countries that have issued standing invitations. Data also suggested that the
Islamic Republic of Iran received the highest number of communications in the period
2004-2008 (594), and that 25 per cent of the allegations made in the said communications
had been wholly rejected, 1.3 per cent resulted in steps taken to address concerns, and
approximately 54 per cent of communications transmitted had received no response.4 The
1
2
3
4
The last visit by a special procedures mandate holder dates back to 2005, when the Special
Rapporteur on adequate housing (July 2005) visited the country. Visits by mandate holders prior to
2005 included the Working Group on Arbitrary Detention (February 2003), the Special Rapporteur on
the promotion and protection of the right to freedom of opinion and expression (November 2004), the
Special Rapporteur on the human rights of migrants (February 2004) and the Special Rapporteur on
violence against women (February 2005).
General Assembly resolution 66/175, para. 10.
Ted Piccone, Catalysts for Rights: The Unique Contribution of the UN’s Independent Experts on
Human Rights (Washington D.C., Brookings, 2010), pp. 26 and 33.
See the file available on the Special Procedures Database of the Brookings website at
3
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