Table of contents:

1.      Introduction;

2.      Outline;

3.      Limitations of this study;

4.      The road to democracy;

5.      Democracy in Iran;

6.       Human rights in Iran;

7.      Conclusion.

* * * * * * * * * * * *

 

1. Introduction:

This paper looks at human rights and democracy in Iran in the wake of political reforms being implemented there since the late 1980’s/early 90’s. It proceeds on the important premise that before preparing a marks sheet on Iran’s progress in these two areas, it is necessary to bear in mind that these two concepts have a unique dimension shaped by a chain of events that ushered them in Iran. It would not make much sense to make sweeping and generalised statements about democracy and human rights, essentially Western concepts, when they are applied in one of the world’s oldest civilisations, in which an Islamic form of government is very much at the centre of power. “In Iran as in other Muslim countries, paths to human rights lie within Islam, to the extent that dialogue can grow between traditionalists and innovators” (Gustafson & Juviler, 1999, p. 9). Any discourse on democracy and human rights in Iran has to be understood in relation to the country’s circumstance, which is that the reform movement, which tried to infuse these ideas into the country, was basically a reaction to the failure of the Revolution to sustain the goal it sought to achieve in the face of the changing dynamics in international relations in the post-Gulf War and Iran –Iraq war. Thus, one has to understand that there exists a unique paradigm for democracy and human rights in Iran, which is at variance from what the West broadly perceives as universal values for all mankind. Keeping this consideration in mind, this paper looks at the progress made on these two fronts, guaranteeing and denying which is the leitmotif of the opposing camps, the reformists and the conservatives, respectively.

2. Outline:

This paper takes off by detailing how democracy has been introduced in stages. The most striking feature of this country’s process of democratisation has been the reluctance of the ruling establishment to give in to the moderates, who have sought to implement democracy. Thus, the study of the democratisation of Iran has been chiefly characterised by the tussles that have been taking place in the country’s political establishment between those who want to introduce democracy and those who want to abort it. Hence, a considerable portion of this paper is devoted to sketching the long series of battles in the war between the reformists and the conservatives. Human rights in Iran, an offshoot of attempts at launching democracy, and its corollary, are detailed here. Mention is made of the efforts at bettering human rights in the country by Nobel Peace laureate, Shirin Ebadi. Finally, this paper offers its conclusions, in which it tries to prognosticate prospects and pitfalls for democracy and human rights in the country.

3. Limitations of this study:

A complete study of the actual progress made in the transition of the political system in any country would be truly comprehensive and complete if one were to keep one’s ears to the ground; in the absence of this factor, this paper relies heavily on the writings of opinion-makers emanating from that country. This is not to doubt their authenticity, but most of these opinion makers have their own agendas to carry out, and as such, their objectivity is not indubitable. A thorough and objective study is best arrived at by measuring the impact of democracy and human rights at the grassroots level. In the absence of this exercise, this paper is prone to get swayed by the (at times) emotive nature of the sources from which it bases its study. In other words, the most objective and scholarly work on human rights and democracy in Iran would be one that is seen from Iranian, not Western or Western-oriented eyes, a requirement not met by this paper. Some attention is given to reports of human rights violations from Amnesty International, whose objectivity has never been proven.

Another important shortfall of this paper is that it looks at human rights in Iran only from the time the new regime has taken power, i.e., after the death of the Ayatollah, who led the Revolution. Although gross human rights violations took place during the time the Revolution installed an Islamic-type government and the Shah’s regime it overthrew, this paper does not look at those, and chooses the period from the start of the new regime, only because this is when democratisation started in the political system. Finally, since the two are closely interrelated, there may be some overlaps in describing the events pertaining to these two. Another very important aspect to be borne in mind is that this paper was written just a few weeks prior to the presidential election of 2005, when the tussles between the conservatives and moderates were at their peak. The result of this election has not been reflected in this paper.

4. The road to democracy:

The reform movement in Iran, which has been spearheading the implementation of democracy and human rights in the country, was born in the wake of the failure of the Revolution to spread benefits to the masses. (Kazemi, 2003) Although the Islamic Revolution of 1979 was an event whose importance has deeply impacted modern Iranian history, ironically, the country’s two earlier revolutions, those of 1906 and 1953, took place for the furtherance of democracy. (Momayesi, 2000, p. 41) They resulted in the establishment of monarchies. The latest revolution, the root of the current tussle for democratisation, at first was followed by major international political and economic problems. (Wright, 1996) The Revolution took place in very violent circumstances, whose culmination was the overthrow of the corrupt, unflinchingly pro-Western Shah. (Seliktar, 2000, p. 73-90) For all the tumult and convulsion that major event precipitated, the direct effect it produced, that of total Islamic rule, lasted no more than a little over a decade. The regime had to soon slowly either abandon or dilute some of its core ideals. This was due to the variety of unforeseen changes that unfurled on the international scene. One of the ideals that had to inevitably become a product of the changed situation was democracy. “In the 1990s, several factors contributed to the intensification of the debate over democracy and democratic institutions in Iranian society. These include the death of Ayatollah Khomeini in 1989, the disillusionment of a substantial portion of Iranian society with government policies, especially in the areas of liberty and individual rights, the imposition of more restrictions over freedom, and authoritarian infringement of people’s constitutional rights. The advocates of reformist Islam launched afresh a campaign to promote democratic values in government and society.” (Momayesi, 2000, p. 41) The first concrete step towards the latest round of democratisation was the elevation of the moderate reformist, Hashemi Rafsanjani from Speaker of the parliament, the Majlis, to the office of the president in 1989. Rafsanjani had assumed office at a time when “…the struggle to determine the true revolutionary path had entered a new phase, involving major policy reevaluation”. (Ayalon, 1995, p. 317)

5. Democracy in Iran:

To undo the highly ensconced politico- religious system in a matter of two presidential terms was no easy task. After the end of his two four- year terms, the mantle of presidency now passed on to his successor and like-minded reformist, Mohammed Khatami, who “…emphasized the country’s need for national unity, respect for the law and civil rights, the creation of a vibrant civil society, and the eradication of poverty.” (Amuzegar, 1998, p. 76) His efforts at reform of the political system, aimed at bringing about democracy were well received at first, as they were representative of the change the people were yearning for. (Yasin, 2002) Initially, Khatami seemed to have taken off from where his predecessor had left. He enjoyed massive support from the least thinkable constituencies in the earlier theocratic regime –youth and women. One of the most drastic changes he sought to implement was in the area of religious governance; he went about altering the structure of the clergy, something that was unimaginable earlier. Changes were implemented in some of the most important institutions, such as those of the supreme leader, the Faqih, the presidency, the judiciary and the Majlis. Khatami carried out amendments to the 1979 Islamic constitution, which had come into effect because of the Revolution. Dictated by the need of the hour, brought about by the death of the architect of the Revolution, Ayatollah Khomeini, one of the most tangible steps towards democratisation of the ruling clergy was “…a significant revision in the qualifications for the holder of this omnipotent office. The all-important and stringent religious qualifications were reduced.” (Kazemi, 2003)

After Khatami’s re-election in 2001 with a reduced majority, the pace of democratic reform lost some of its earlier tempo. The opposition to his democratisation process has been growing steadily, especially since the hardliner conservatives have enjoyed greater numerical superiority in the Majlis. The hardliners have stepped up the ante in opposition to the various reforms he has initiated. With a greater say in the Majlis, they have intensified their opposition to Khatami’s reforms. “Khatami’s victory ushered great hope for progress toward democratisation and reform of the rigid political system. This hope has been largely dashed as the conservative supporters of the Islamic Republic have prevented meaningful political reform…[t]he forces of opposition to Khatami are made up of a disparate but powerful set of institutions and actors with entrenched political, economic and ideological interests. While cognizant of Khatami’s massive electoral victories and popular support, they can find other means of thwarting his reform agenda, through the country’s major institutions” (Kazemi, 2003) Another area of discomfort for Khatami has been in the constituency on whose back he rode to power –students. Their earlier support for him dissipated when he tried to implement a major reform– privatisation of universities. Protests by student bodies at this proposal spilled on to the streets, in the form of massive demonstrations against the president as well as the clergy, on two occasions, once in July 1999, and on the fourth anniversary of this event.  (“Student Heroes Take on,” 2003, p. 23)

In another important round of their row, in February 2004, the conservatives gained an upper hand, disqualifying 2300 candidates belonging to the reformist camp from general elections later that year. With the conservatives gaining a comfortable majority in these elections, the process of democratisation has suffered a major setback, with the presidency, at that time being the only reformist position in the government. (Deccan Herald, 23^rd Feb. 2004, p.8) In the words of US president Bush, “[s]uch measures undermine the rule of law and are clear attempts to deny the Iranian people’s desire to freely choose their leaders.” (The Washington Times, 25^th Feb. 2004, p. A15.) Yet another major setback to democratisation has opened up as recently as on May 22, 2005, with barely a month to go for the presidential elections slated for June 17, 2005. The Council of Guardians barred from standing in the election the reformist camp’s candidate for president, Mostafa Moin. Additionally, in the same breath, it disqualified each and every of the 89 women candidates saying women are unfit to lead the country. Even as the reformists cried hoarse at the move, saying it has amounted to a coup d’ etat, and saying this move undermines the spirit of election to the presidency in that it would virtually amount to having an appointed president, one silver lining for the reformist camp is that of the six candidates allowed to contest the presidential election out of the 1014 who threw their hat in the ring, one is Hashemi Rafsanjani himself. The other consolation is that they have control over the Interior Ministry. (The Hindu, 24^th May 2005, p.10)

6. Human rights in Iran:

Despite the avowed aim of the reformists in Iran to bring about democracy and respect for human rights, there are everyday occurrences of incidents in which amputations and floggings are commonplace, and pregnant women and children are routinely executed. (The Washington Post, 5^th January 2005, p. A12)

If the reformists and the conservatives are united over one issue, it is their antipathy to any reference to human rights in the country. They are unanimous and vehement in their opinion that America is seeking to use international human rights organisations to criticise Iranian human rights. They believe that the US is trying to establish its hegemony by interfering with the internal affairs of strategically important countries such as Iran. They accuse the Americans of being selective in their criticism of human rights violations in different countries. (Karabell, 2000, pp. 212) The Iranian government allowed the Red Cross and the UN to inspect the country’s human rights situation in 1990 for the first time in its history. (Kamminga, 1992, p. 99) The Red Cross and the UN had reported that 113,000 women had been arrested in Teheran alone either for improperly wearing their headdress or for moral corruption; the UN had also reported an increase in executions, suppression of minorities and the press, and summary executions of anti-government demonstrators. (Mohaddessin, 1993, p. 142) The government reacted very angrily when America accused the Iranian government of expelling the members of the Red Cross on grounds of complicity with America. It came out heavily against the Human Rights Commission envoy. When the topic was reinvigorated in 1996, reflecting the general opinion in the country, an editorial in the Teheran Times said:

“Criteria for human rights are respected by everyone; however, any judgement on the situation of human rights in a country should be harmonious with the nation’s culture, religion and traditions. The special envoy should not surrender to direct and indirect pressures from the United States and other Western powers, whose aims are to use human rights as a leverage against Iran…”(Karabell, 2000, pp. 212, 213) Arguments and counter arguments between human rights organizations and the government continue with regularity.

The confrontation between the conservatives and reformists in the Majlis has also contributed to violations of human rights: Khatami’s reform of the clergy was based on the idea of undermining the six-member ‘Council of Guardians’, a powerful clerical body in the power structure of the ruling elite by exposing their corruption.  This earned him the scorn of those in power: this Council hit back by hounding his aides, who were seen as moderates. Hojjat-al-Islam Mohsin Kadivar, a well-known liberal writer, Gholam-Hussein Karbaschi, the then mayor of Teheran and Abdollah Nouri, the former interior minister, were among those in the reformist camp that the conservative clerics persecuted. The leftist, pro-Khatami newspaper, Salam, also suffered a similar fate, and was forced to close down. This brought students to the streets in support of Khatami on July 9, 1999. To quell this mob, the police had to open fire; Khatami thus unwittingly ended up antagonising the very constituency that took to the streets to support him. (Sardar, 1999)

Amnesty International, in its report on human rights violations in Iran came out with some scathing observations, which it attributes to the feud between the reformists and the conservatives. Its summary reads thus: “Scores of political prisoners, including prisoners of conscience, continued to serve sentences imposed in previous years following unfair trials. Scores more were arrested in 2003, often arbitrarily and many following student demonstrations. At least a dozen political prisoners arrested during the year were detained without charge, trial or regular access to their families and lawyers. Judicial authorities curtailed freedoms of expression, opinion and association, including of ethnic minorities; scores of publications were closed, Internet sites were filtered and journalists were imprisoned. At least one detainee died in custody, reportedly after being beaten. During the year the pattern of harassment of political prisoners’ family members re-emerged. At least 108 executions were carried out, including of long-term political prisoners and frequently in public. At least four prisoners were sentenced to death by stoning while at least 197 people were sentenced to be flogged and 11 were sentenced to amputation of fingers and limbs. The true numbers may have been considerably higher.”(Amnesty International, Report 2004)

A look at the field of human rights in Iran would be incomplete without a mention of the efforts of the Nobel Peace laureate, Shirin Ebadi. Her efforts have been primarily focussed on the improvement of human rights in the areas concerning women and children in over the past three decades. Inspired to work for the improvement of human rights in her country following her demotion under the Revolution from the position as the country’s first woman judge, she believes that guaranteeing human rights in an Islamic society is not at all impossible. The two are never incompatible, she feels, saying that the important question is not the law of Islamic jurisprudence, the Shariat in itself, but its interpretation. Some of her major accomplishments have been the victories she has secured in getting important reforms done to the family law, the legal age at which girls can marry, and the rights of illegitimate children. Another significant victory of hers in improving human rights in Iran has been in pressurising the government to reveal the identities of the student demonstrators that were killed in the police violence of July 9, 1999. (Lancaster, 2003)

7.      Conclusion:

The road to democracy and human rights continues to be bumpy in Iran, so long as the tussle for supremacy continues within the Majlis between the conservatives and the moderates.  Seen in the overall sense, the speed of change towards democracy has been rather slow-paced.

This is perhaps understandable in an ancient country in which till recently, authoritarianism was so pervasive that most of the country’s resources were held by a thousand or so families. (Lytle, 1987, p. 1) Another major reason for democracy to take more than the expected time to gain ground in feudalistic societies such as Iran is that by its very nature, it cannot be planted violently in the system, in the way the Revolution of 1979 was. If it were to supplant the existing system and take its place by coercion, that would have to be done by adopting undemocratic means, thus defeating its very nature and ending up being an oxymoron!

Seen in this overall sense of the country’s difficult path to democratisation, despite the relative slowness being taken for democratisation to take root, there is still a lot of scope for optimism, as this observation by Momayesi (2000) best sums up the situation: “It is perhaps appropriate to view the current situation as an ongoing, step-by-step struggle and conflict over reform, rather than simply a stagnation under the grip of vested conservative clerical interests. It is evident that Iran shows some signs of movement toward a stable constitutional definition of governmental powers and processes. It seems more apt to see the glass of freedom in Iran as half full rather than half empty… [w]e must think in terms of a long march rather than a simple transition to democracy. Democracy and human rights must be adapted to suit countries with a distinctive culture and experiences, rather than simply being transplanted from existing democracies, East or West. The diversity and the range of democratization alongside persistent authoritarianism sometimes gets lost in the selective media coverage of Islamic Iran. But new freedoms pose difficult challenges to the most capable of leaders everywhere.” (Momayesi, 2000, p. 41) Thus, “…democracy, an element external or internal to Islam, was originally planted in the foundations of Islamism and is emerging, although extremely slowly, as a far more potent element of the Iranian revolution than it had been.” (Usman, 2002)

Having said this, the picture for human rights may not be as rosy: the crackdown on human rights is a major setback to the government, negating as it does important moves to draw foreign investment that the country can ill-afford to forego. For instance, prior to the moves by the conservatives in February 2004, some leading companies, such as the French car giant, Renault, the Turkish communications giant, Turkcell, and some Japanese companies, which would develop the country’s oil fields at an eventual cost of some $ 2 billion, were in the process of investing huge amounts in the economy, which was opened up for the first time since the Revolution. These actions by the government place the investors under pressure to withdraw, as they would not like to be seen to be investing in tyrannical governments. They also throw the intentions of the government in doubt, as they prompt the foreign investors to pack their baggage. (The Washington Times, 25^th Feb. 2004, p. A15.)

Unfortunately, it often happens in Iran that for the hardened attitudes of the clergy, it is the moderates who take the blame. Their attempts to undo the years of reactionary policies are often frowned at. For instance, the Second of Khordad, a reformist party that is seen as Khatami’s most important aide, along with its close allies, has been all for “…economic liberalization and privatization, as well as increased personal freedoms, including those of women, and have criticized the corruption and arbitrary power of the ruling clerics. But the front has been unable to implement policies that would address the country’s high unemployment rate or the high poverty rate (40 percent). Reformers have been unable to improve the lot of most Iranians, either because they have been blocked by conservative clerics or because they do not make bread-and-butter issues their top priority.” (Cole, 2004, p. 7)

A major test of the triumph or defeat of democracy would be the presidential elections scheduled for June 17, 2005. Its victors would play a decisive role in shaping the democratic process in the country. A sustained effort at this would be necessary for further democratisation and furtherance of human rights if the moderates were to come to power. But if they have to continue the process Rafsanjani and Khatami have set in motion, there would have to be installed a new reformist president who has considerable freedom to implement the reforms; or else, he too, would go the Khatami way, forever fettered by a conservative parliament.

On the other hand, should the conservatives pull off another coup and get one of their own elected as president, that would almost certainly neutralise all the efforts at democratisation and furtherance of human rights that have been taking place till now. Whether Iran would emerge as a champion of democracy and human rights or go back to being an inheritor of a theocratic government brought about by violent revolution, only the upcoming presidential elections would say. If the upper hand the conservatives have been gaining till now in its tiff with the moderates is any indication, the second scenario seems to have a slightly higher chance of materialising.

Written By Ravindra G Rao

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