May 1997 Vol. 9, No. 2 (E)
IRAN
LEAVING HUMAN RIGHTS BEHIND
INTRODUCTION 2
RECOMMENDATIONS 2
BACKGROUND 3
ACCESS TO POLITICAL PROCESS 4
FREEDOM OF ASSEMBLY 6
FREEDOM OF EXPRESSION 7
CONCLUSION 9
On May 23, 1997 Iranians go to the polls for the seventh time to elect a president of the Islamic Republic. The incumbent, Hojatoleslam Ali Akbar Hashemi Rafsanjani, has served the two consecutive four-year terms permitted by law. The transfer of power by way of elections is a notable event in a region in which most leaders do not voluntarily leave power or subject themselves to any type of open electoral process.
Nevertheless, as with last year's elections for Iran's parliament, the Majles or Islamic Consultative Assembly, the control exercised over the election by the ruling clerical elite severely circumscribes the choices presented to Iranian voters. The elections are made less free by the arbitrary exercise of power by the Council of Guardians, a body of six senior clerics and six jurists appointed by the leader of the Islamic Republic to supervise elections.1 Notably, the council keeps the field of candidates within narrow limits. As a result, Iranian voters will not have the option to vote for candidates opposed to the government; rather, they face a choice between candidates who emphasize different aspects of the government program, but who are part of the now-ruling clerical leadership. The Council of Guardians is also empowered to annul the results of elections, which it did in many districts after the 1996 parliamentary elections, without providing any justification.
The human rights situation will be an important factor in assessing the outcome of Iran's seventh presidential election. The Council's actions, combined with a more general lack of respect for basic rights to expression, association and assembly make it unlikely that the election will reflect "the free expression of the will of the electors."2 This report documents violations of international human rights standards to which Iran is committed by treaty, including the rights of freedom of assembly and of expression, as well as the right to participate in public affairs.
1 The leader of the Islamic Republic is not elected. He is appointed on the basis of his credentials as an Islamic leader by the ninety-person Assembly of Experts.
2 International Covenant on Civil and Political Rights, art. 25(b).