A/HRC/28/70
93.
In February 2015, various outlets reported that references to former President
Mohammad Khatami were banned.
G.
Freedom of peaceful assembly and association
1.
Non-Governmental Organization Bill
94.
A draft Non-Governmental Organizations Bill presented by the Interior Ministry to
the Parliament on 9 November 201462 appears to further threaten the independence of civil
society. The Bill envisions councils at the national, provincial, and city levels that will, in
part, be responsible for the issuance of activity licenses to non-governmental organizations
(NGOs) pursing “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.63 According to the Bill, Councils would also be responsible for the supervision and
support of NGOs and for addressing potential misconduct. NGOs would only be able to
officially pursue organizational activities upon receiving establishment permits, activity
licenses, and registrations.64 Procedures introduced by the Bill to establish an association
appear particularly burdensome and would subject NGOs to administrative supervision
which could then be used as a means to quell dissenting views or beliefs, in violation of
international norms and standards.
2.
Relevant provisions of the Bill
95.
Councils: The National Council would consist of 32 officials, including
16 government officials and 16 elected representatives from NGOs.65 Provincial and City
Councils will be headed by Governors, City Governors, four NGO representatives, and at
least five government officials. Councils will be supported by secretariats responsible for
reviewing applications to establish NGOs, for pursuing the implementation of programs
and policies that facilitate research activities adopted by the National Council, for
cooperating with other executive and supervisory agencies to monitor NGOs, and to review
and present reports of misconduct to the National Council.66
96.
The process of obtaining activity licenses: NGO’s would be required to submit
meeting minutes on the establishment of their organization, including an organogram,
organization objectives, a list of activities, expansion plans and procedures, and procedures
for the selection of representatives and their duties.67 Authorities, whose representatives
will also have the right to participate in organizational meetings as observers, must approve
these documents.68 The Bill requires that the Intelligence Ministry, police, and other
specialized agencies be consulted on the legality of the objectives and activities proposed
62
63
64
65
66
67
68
40
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Article 21.
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