Human rights in Iran: The thin line between Islamic laws and the regime’s zero-tolerance

thin-line

Following on the heels of the EU strategy report on Iran which included a harsh criticism of the state of human rights in Iran, the UN issued a new resolution which echoes the exact same sentiment: Iran is a serial abuser of human rights on many levels and in order to normalize relations, Tehran will have to change.

The UN resolution includes severe criticism on many levels in regards to the abuse of human rights in Iran: “enforced disappearances”, “arbitrary detention”, “severe limitations on freedom of thought, conscience and religion or belief”, “alarmingly high frequency of the death penalty” and “human rights violations against women and girls”.

The EU’s report was similar including the fact that the EU “remains highly critical of Iran’s frequent use of the death penalty”, calls on Tehran to respect “the rights to freedom of expression…without discrimination or persecution on grounds of sex, language, religion, political or other opinion, national, ethnic or social origin, gender, sexual orientation or other status”, demands that Tehran “eliminate the existing legal and practical discrimination against women”, is worried that Tehran doesn’t “fully guarantee international due process safeguards (and) ensure the inclusion of fair trial guarantees”, “considers the lack of freedom of expression online, the systemic surveillance and monitoring of internet traffic and the lack of digital freedoms to be an obstacle to trade with Iran, as well as a violation of people’s rights and freedoms”, “calls for the release of all political prisoners” and  “calls on the Iranian authorities to ensure that the rights of religious and ethnic minorities are fully respected and protected in law”.

In order to get a better understanding of the nature of the criticism by both the UN and the EU, it is necessary to define two distinct categories:

  • Islamic laws: Abuses of human rights due to Islamic laws which include the oppression of women and religious minorities as well as the use of the death penalty.
  • The regime: Abuses of human rights due to the intolerance of the regime to accept criticism and calls for change by activists, political oppositionists.

These two categories of the West’s view on human rights in Iran is mirrored in Tehran’s categorical rejections of the EU/UN critique:

  • Islamic laws: There is a basic difference between Western ideals of human rights and “Islamic human rights” which must be acknowledged and accepted by the West.
  • The regime: All criticism by the West against Iran on the issue of human rights is politicized, hypocritical, arrogant and based on double standards and the regime is not susceptible to pressure from any source, least of all from the West…in fact, Tehran views such resolutions as an “abuse” of human rights in itself.

Of course, the regime doesn’t differentiate between both categories but from a Western perspective, the distinction between these two categories should be critical. It really is arrogant of the West to expect an Islamic country to give up its Islamic values in order to kowtow to the norms of the West and the issue of Shariah laws has put the West into a Catch 22 situation: if the West places such high import on religious beliefs and religious freedoms, it must accept that Shariah laws are legitimate in an Islamic country even if they seem outrageous from a Western perspective. Qisas, usually understood through the “eye for an eye” form of punishment, is brutal and barbaric from a Western perspective but it is deemed as “beautiful and important“. Tehran accepted to hold talks on human rights with the EU based on “mutual respect”, devoid of “double standards” and understanding that there is a fundamental difference between Western human rights and “Islamic human rights”, a difference which may not necessarily bridged. The West can try to “tone down” the harshness of some of these laws and to allow for more personal freedoms by pointing out that many Islamic countries have done just that but at the end of the day, as long as the Islamic regime exists, Islamic laws will prevail.

The issue of the death penalty in Iran is exemplary of this issue: according to the regime, 75%-80% of all executions are drug-related. Up until now, Tehran has vehemently defended these executions based on the fact that Shariah laws endorse the execution of drug-dealers and that it’s war on drugs benefits the West since most of the drugs are destined to Western users. Unfortunately, this defense is weakened by two simple facts: 1) the death penalty doesn’t seem to be a deterrent for drug dealers even according to Iranian leaders and 2) not all Westerners agree that limiting the inflow of drugs is worth the 700+ drug-related executions a year. Since Iran holds the dubious title for the largest number of executions per capita, and since the regime is intent on normalizing relations with Western countries (apart from the US, of course), the mullahs in the regime have understood that it might be worth it to be more lenient on most drug-related offenders, convicting only the largest repeat offenders to be executed. But then again, change cannot be immediate as the Iranian deputy foreign minister made it clear that negotiations over human rights with the EU could take 3-4 years and that Tehran will not give up capital punishment under any circumstances.

So what about the second category? The regime’s inability to allow for dissent, opposition and change? This is much firmer ground from a Western perspective because the issue isn’t related in any way to Islam, only to the ideals of democracy which allow for pluralistic views and for the respect of minorities of any kind. It’s important to remember that Iran has repeatedly and proudly claimed that it is the only true democracy in the Middle East even though is not a true democracy (more like a “democtatorship”) due to the huge powers of unelected bodies of the regime. In fact, the bases of power in Iran emanate from democratic vote (the election of the president, government, the Assembly of Experts etc…through popular vote) and from the regime’s dictatorial resolve to choose its own leaders (such as the Supreme Leader, the Guardian Council, the IRGC etc…). Tehran’s pride at being democratic coupled with its inherent fear of accepting democracy 100% is an inherent weakness of the regime. Slamming the regime for “enforced disappearances”, “arbitrary detention”, “severe limitations on freedom of thought, conscience and religion or belief”, the lack of “freedom of expression”, “the discrimination or persecution on grounds of sex, language, religion, political or other opinion, national, ethnic or social origin, gender, sexual orientation or other status”, “political prisoners”, the lack of “fair trial”, the oppression of “religious and ethnic minorities” etc…” all emanate from the regime’s fears of losing its power.

These issues should spearhead the West’s efforts to help the cause of human rights in Iran. If these issues are dealt with, if Iranians have a say in the way they are being governed, the Islamic religious issues will take care of themselves. Let’s take the issue of compulsory hijabs for women. To be sure, not every Iranian woman and definitely not every Iranian man is in favor of women wearing hijabs. The problem is that with the current regime, no one really knows if the majority of Iranians want compulsory hijabs or not. But if the whole of the regime was elected by the people and if enough people would decide that women should not have to wear hijabs, laws will be changed to accommodate such a sentiment. If the majority of the Iranian people would vote for more freedom of the press, for the release of political prisoners, for a fairer judicial system etc…, these changes would come about as well.

That’s why the West should place more weight on abuses of human rights in Iran which aren’t directly related to Islamic laws. . The systematic oppression of women and even the use death penalty, as such, must be accepted since they both stem from religious beliefs. Such a strategy echoes the statement of the liberal Iranian MP, Ali Motahari who wants Western criticism to be split into “two dimensions”: “one is related to Islam’s laws that is unnegotiable and not understandable for them (the West), and the second is related to affairs common to all human beings that has nothing to do with a certain ideology”.

 

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One thought on “Human rights in Iran: The thin line between Islamic laws and the regime’s zero-tolerance

  1. Pingback: Hunger strikes hit Iranian regime hard | IRAN 24/07

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