Commission on Human Rights resolution 2000/28 Situation of human rights in the Islamic Republic of Iran

The Commission on Human Rights,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and other human rights instruments,

Reaffirming that all States Members of the United Nations have an obligation to promote and protect human rights and fundamental freedoms and fulfil the obligations they have undertaken under the various international instruments in this field,

Mindful that the Islamic Republic of Iran is a party to the International Covenants on Human Rights,

Recalling previous resolutions of the General Assembly and the Commission on Human Rights on the subject, the most recent of which are Assembly resolution 54/177 of 17 December 1999 and Commission resolution 1999/13 of 23 April 1999,

1. Welcomes:

(a) The report of the Special Representative of the Commission on the situation of human rights in the Islamic Republic of Iran (E/CN.4/2000/35), in which he notes that there is prospect for substantial and far-reaching change which will have, and in some areas has already had, a positive impact on the human rights situation;

(b) The broad participation in the parliamentary elections held on 18 February 2000, which expressed the commitment of the Iranian people to the democratic process in the Islamic Republic of Iran;

(c) The commitment made by the Government of the Islamic Republic of Iran to promote respect for the rule of law, including the elimination of arbitrary arrest and detention, and to reform the legal and penitentiary system and bring it into line with international human rights standards in this field;

(d) The progress made in Iran in the area of freedom of expression, in particular towards a more open debate on issues of governance and human rights, whilst remaining concerned at restrictions on the freedom of the press and cases of harassment and intimidation of journalists;

(e) The invitation extended by the Government of the Islamic Republic of Iran to the Working Group on Enforced or Involuntary Disappearances to visit Iran, which will hopefully take place in the near future;

(f) The recent visit to the Islamic Republic of Iran of a technical cooperation needs assessment mission from the Office of the High Commissioner for Human Rights;

(g) Progress made with regard to the status of women in some areas such as education and training, health and integration of a gender dimension into government planning;

2. Notes:

(a) The legal changes recently put into effect within the Iranian judicial system by which members of religious minorities are no longer obliged to state their confession when applying for a marriage licence;

(b) The work of the Islamic Human Rights Commission on the human rights situation in the Islamic Republic of Iran, and expresses the hope that the recent adoption of amendments to the Charter of the Commission concerning increased representation of persons from the non-governmental sector on its governing council will contribute to its strengthening and independence;

3. Expresses its concern:

(a) At the fact that since 1996 no invitation has yet been extended by the Government of the Islamic Republic of Iran to the Special Representative to visit the country;

(b) At the continuing violations of human rights in the Islamic Republic of Iran, in particular executions in the apparent absence of respect for internationally recognized safeguards, cases of torture and cruel, inhuman or degrading treatment or punishment, the failure to comply fully with international standards in the administration of justice and at the absence of due process of law, and also at the apparent absence of respect for internationally recognized legal safeguards and the use of national security laws to deny the rights of the individual;

(c) At the discrimination against religious minorities, in particular the unabated pattern of persecution against the Baha'is, including death sentences and arrests;

(d) At the continued lack of full and equal enjoyment by women of their human rights as reported by the Special Representative;

4. Calls upon the Government of the Islamic Republic of Iran:

(a) To invite the Special Representative to visit the country and to resume its full cooperation with him, particularly so that he can study the evolution of the human rights situation in the country, including through direct contacts with all sectors of society, and to make full use of technical cooperation programmes in the field of human rights;

(b) To continue its positive efforts to consolidate respect for human rights and the rule of law, and to abide by its freely undertaken obligations under the International Covenants on Human Rights and under other international instruments on human rights;

(c) To make further efforts to ensure for all the application of due process of law by the judiciary and, in this context, to ensure fair and transparent trials in all instances, including for members of religious minority groups, and notes stated commitments of the Government of Iran in this regard;

(d) To ensure that capital punishment will not be imposed other than for the most serious crimes, not for apostasy or otherwise in disregard of the provisions of the International Covenant on Civil and Political Rights and United Nations safeguards, and to provide the Special Representative with relevant statistics on this matter;

(e) To pursue investigations into the suspicious deaths and killings of intellectuals and political activists and to bring the alleged perpetrators to justice;

(f) To implement fully the conclusions and recommendations of the Special Rapporteur on religious intolerance relating to the Baha'is and other minority religious groups until they are completely emancipated;

(g) To take all necessary steps to end the use of torture and the practice of amputation, stoning and other forms of cruel, inhuman and degrading punishment;

(h) To take additional measures to promote full and equal enjoyment by women of their human rights, in line with its statements about the need to review laws and change attitudes which discriminate against women;

5. Decides:

(a) To extend the mandate of the Special Representative, as contained in Commission resolution 1984/54 of 14 March 1984, for a further year, and requests the Special Representative to submit an interim report to the General Assembly at its fifty-fifth session and to report to the Commission at its fifty-seventh session, and also to keep a gender perspective in mind when seeking and analysing information;

(b) To request the Secretary-General to continue to give all necessary assistance to the Special Representative to enable him to discharge his mandate fully;

(c) To continue its examination of the situation of human rights in the Islamic Republic of Iran, paying particular attention to further developments, including the situation of the Baha'is and other minority groups, at its fifty-seventh session under the same agenda item;

6. Recommends the following decision to the Economic and Social Council for adoption:

"The Economic and Social Council, taking note of Commission on Human Rights resolution 2000/... of ... April 2000, endorses the Commission's decision to extend the mandate of the Special Representative of the Commission on the situation of human rights in the Islamic Republic of Iran, as contained in Commission resolution 1984/54 of 14 March 1984, for a further year, and its request to the Special Representative to submit an interim report to the General Assembly at its fifty-fifth session and a report to the Commission at its fifty-seventh session. The Council also approves the Commission's request to the Secretary-General to continue to give all necessary assistance to the Special Representative to enable him to discharge his mandate fully."

56th meeting
18 April 2000

 

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