The U.N. Special Representative on Iran, Maurice Copithorne of Canada, in his recent report to the U.N. Commission on Human Rights, concluded that "human rights, having been left behind, now requires urgent and sustained attention."25 This conclusion is borne out by a review of the human rights context in which the presidential elections are taking place. The right of Iranians to participate fully in the election of a president is undermined by the same absence of binding legal safeguards that undermines the protection of other fundamental rights and freedoms provided for by international law.
Constitutional safeguards of basic freedom are qualified by a general reference to "Islamic principles" that are subject to broad and variable interpretation by political bodies. The Council of Guardians and other governmental bodies feel able to override constitutional provisions in the name of these principles when they see an interest indoing so. Even more disturbingly, groups within society take it upon themselves, with government acquiescence, to use violence to silence or intimidate politicians or intellectuals with whom they disagree, cloaking their actions by claiming to act in defense of Islam or revolutionary principles.
While narrow competition between political adversaries may be better than no competition at all, the presidential race highlights the fundamental human rights problems for which the government of Iran bears responsibility. The challenge facing the government is to create a legislative and judicial climate in which basic freedoms and rights are upheld through the law. The events of the run-up to the presidential election have demonstrated that Iran still has far to go if that is to be achieved.