TABLE OF CONTENTS
Chapter 1
Problem and its Background
I. Introduction
II. Background of the Topic
III. Aim and Objectives of the Study
IV. Plan of the Study
V. Rationale of the Study
VI. Significance of the Study
VII. Scope and Limitations
Chapter 2
Review of Related Literature
I. Legal Regime of Human Rights in Iran
A. Constitutional foundations
B. Origins from the Civil Code
C. Stipulations in the Penal Code
II. Civil Liberties in Iran
A. Restricted Expression
B. Issues on Gender
C. Presence of Due Process in the Justice System
D. Treatment of Religious and Ethnic Minorities
E. Battling the Political Opposition
F. Treatment of Children
III. The Status in the International Community
IV. Synthesis
Chapter 3
Methods and Procedures
I. Research Methods
II. Respondents
III. Ethical Issues
Chapter 4
Presentation, Interpretation, and Analysis of the Data
I. Background of the Respondents
II. Failed Attempt of the International Community with Iran
A. Cultural and Religious Foundations
B. Political and Legal Foundations
III. Conducting Humanitarian Interventions
A. Attempts of Intervention Made by International Institutions
1. United Nations
2. European Union
3. United States of America
B. Legality of Humanitarian Interventions
IV. Dealing with Issues of Human Rights Violations
A. Possibility of Democratisation
B. Continued Talks with the Iranian Government
C. Sanctions Made by the International Community
V. Subconclusion
Chapter 5
Conclusions, and Recommendations
I. Summary
II. Conclusions
III. Recommendations
Chapter 1 Problem and its Background
I. Introduction
The state of human rights in the world is among the most heated and possibly the most recurring debates in nowadays. International policies held by individual states and even regional blocs have taken several amendments and developments in order to acquire a more universally acceptable laws pertaining to human rights. An area that has been incessantly present in human rights discourses is its implementation in Middle Eastern countries. Atrocities and other dreadful acts of human rights violations have been noted in news articles. Countless articles and studies have been published seeking to address this issue. The international community has also taken the initiative to deal with this problem by conducting dialogues and meetings with these countries. However, up until now, actual development has yet to be seen. In the recent reports of NGOs, like the Human Rights Watch, indicates that the situations seem to have actually turned to a far worse scenario. This study intends to analyse this situation by looking into the conditions prevailing in a particular country similarly known for its indiscretions on its policies pertaining to human rights, Iran. The following discussions in this chapter will provide the framework of the study.
II. Background of the Topic
Middle Eastern countries, specifically Islamic ones, have been under the watchful eyes of international organisations especially on their violations of international human rights laws. Iran is not exempt on this scrutiny. Early reports dating back at over two decades ago validates that the country do implement acts which is considered internationally as violations of human rights. (1985) In these reports, it is noted that civil liberties like “right to life, the right to freedom from torture or cruel; inhuman or degrading treatment or punishment; the right to liberty and security of person and to freedom from arbitrary arrest or detention; the right to a fair trial; the right to freedom of thought, conscience and religion and to freedom of expression; and the right of religious minorities to profess and practise their own religion” are among the alleged violations of the country. It is important to note that these allegations were over two decades old. After this span of period, it appears that the same allegations are still in the lists of “supposed” human right violations of Iran.
Recently, a recent report of the (2006), they indicated that the “respect of human rights” in the country of Iran has significantly spiralled down since its 2005 analysis. This only shows that the same “supposed” human right violations of Iran accused of them over twenty years ago seems to exist even at the present day. With this phenomenon, questions on the reason why Iran shows signs of being pathologically incapable of adhering to international human rights laws tend to recur in recent studies on the subject. Answers are consistently being sought to help stop the said country in any more violations and even reform its policies towards conforming to these international standards.
To illustrate, there have been studies that indicated the inappropriate fit between the religion of Islam and civil liberties. These studies claim that the religion in the state has been one of the main reasons for human right violations. (1998) Other studies have noted that the existing foreign policies are the cause of the supposed violations of Iran. (2000) They even claim that in the perspective of Iran, the regime covering the area of human rights is a mere component of a hegemonic attempt of countries like the United States and other influential nations.
In any case, Iran is now on the political lime light not only because of its supposed human right violations. To some extent, these issues on human rights, though recurring as indicated earlier, tend to become a component of a more complicated international issue, nuclear proliferation. Apparently, Iran has been among the few countries that have turned to nuclear generation to deal with its issues in energy. ( 2005) An appended issue on having a nuclear program is the possibility of development of nuclear weaponry. (2006) This posed to be a significant issue in the international community as Iran’s nuclear program is up and running. To a certain extent, there may well be a good reason for this apprehension from the international community since Iran was formerly known as a haven of terrorist groups several decades ago. (2000) Recent studies have highlighted the threat of a nuclear-powered Iran against defenceless countries in conflict with the said state (i.e. Israel) Thus, the international community is giving an enormous amount of consideration on Iran’s case, along with the issues on the nuclear programme, the concerns of human rights violations in the country has also been noticed.
III. Aim and Objectives of the Study
Human rights laws are plainly defined as “the way a state treats those within its domain.” (2006) This is the operational definition of human rights law that will be used in this thesis. Basically, the law covers the conduct of states. Other studies have indicated that human rights laws tend to have an effect on international peace. Specifically, the violation of these laws tends to compromise the continuing existence of international peace as the most recent humanitarian interventions made by the international community have, one way or another, elements of human rights violation as a part of its justifications. (1999) In the study of (2004,), they noted that there are a couple of factors that makes the implementation of an international regime pertaining human rights laws rather complicated. First, they noted that “human rights norms are not self-enforcing.” ) This means that the laws present in the existing international regime tends to show signs of lack of direct interest in implementing these rules with other states. This is reinforced by the second issue noted by (2004) indicating that “good faith” states that adopts these laws tend to veer away from making other countries follow or at least be disciplined if they are found to violate these existing international regimes.
The discussions above establish the fact that violations of human rights laws do have some adverse effect in international peace. However, it appears that the implementation of these laws tend to be voluntary which means that the international community could only do so much in monitoring the conduct of states towards the people in their borders. Following this line of reasoning, there is an ominous implication that human rights violations will never be stamped out. Given these issues, it is the intention of this study thus to accomplish the following aims and objectives:
· Establish the reasons why the international community has not been very successful in persuading Iran to protect human rights;
It would be interesting to see the methods and attempts made by the international community in encouraging Iran to adhere to human rights laws. Specifically, international bodies like the United Nations, European Union, and influential nations like the United States have distinctive approaches in forwarding their attempt to make the Iranian government deal with the human atrocities within their borders.
· Provide justifications for the international community in conducting humanitarian interventions in sovereign states like Iran; and
Studies and arguments pertaining to the right of international organisations and other nations to intervene with the business of Iran will be noted. Specifically, issues on sovereignty and rights of humanitarian intervention will be addressed to realise this objective of the dissertation. To do this, reference with scholarly and academic journals discussing the matter will be consulted along with the interpretation of international laws pertinent to this types of situations.
· Provide possible recommendations in dealing with these issues of human rights violations.
The fulfilment of this objective requires the researcher to provide an in-depth analysis of the primary and secondary data acquired for this thesis. The interviews as well as the analysis of the existing literature on international law, human rights, and humanitarian interventions will be the core element in realising this objective. In essence, these recommendations will constitute the major findings and serve as the foundations of the conclusion of this thesis.
IV.Plan of the Study
The study will provide a qualitative analysis of the implementation of human rights law in the Iranian situation. The thesis will be divided into five chapters to provide a clear presentation of the topic. The first chapter will serve as the introductory part of the thesis. It is in this chapter that the foundations of the study are established. The statement of the problem, the discussion of the background as well as the significance of the findings of the study will be provided in this part of the thesis. It is also in this part of the thesis that the scope and perceived limitations of the study is going to be discussed.
The second chapter will provide the review of the existing literature on the topic. Basically, the discussions will be covering the situation in Iran, particularly the local and international implications of Iran’s stand in the whole human rights issue. The chapter is divided into three major parts. The first part will cover the laws and legal foundations on which Iran’s encounter with the issues on human rights are based. The second part will cover the supposed violations in the civil liberties in the state. In this part of the chapter, reports on the supposed violations will be indicated separately by specific civil liberty. The third part of the chapter will be looking into the reactions of the international community on Iran. Specific connections will be made with the state’s nuclear programme and supposed violations of human rights. The end of the chapter will constitute a synthesis of the entire discussions made within the three parts. This synthesis will also be used as a foundation on the interpretations of the data acquired from the respondents in this study.
The third chapter of this thesis will discuss the methodology employed as well as the procedures taken in this paper. Basically, the chapter will include the description of the models used, the respondents, the tools used, and the ethical considerations that the researcher has to deal with in acquiring the data needed in this study.
The fourth chapter will cover the interpretation of the data acquired from the interviews conducted by the researcher. Tables, figures, and charts will also be used to show summaries of the collected data to facilitate the interpretation based on the discussions made in the second chapter of the thesis. Moreover, the chapter will also be taking statistics from international organisations to support the claims, observations, and arguments made by the researcher on this chapter. The findings on this chapter will be the basis of the conclusion and the recommendations of the paper.
The final chapter will cover the conclusions and recommendations made by the researcher. These are based on the discussions and summary of the major points and arguments made in this study.
V. Rationale of the Study
This paper is composed of a couple of rationales. The first one is the age-old conflict between the Islamic-Middle East and the principles of the West. Superficially, this rationale is seen in plain religious undertones, however, the issue is more complex as it seems. In relation to the main topic of this paper, which is human rights, there has been a rather wide range of rhetoric pertaining to the relationship of the religion of Islam and democracy. With these studies come the prevailing issues on Islamic countries and the perceived violations of the international standards of human rights law. Contradictions on the principles of Islam and democracy has bee discussed lavishly in articles of international politics. (1992) This poses a problem in the case of Iran given that majority of the elements of human rights law are based on democratic principles whereas Iran is operates under a theocratic rule (Islamic Republic). (1994)
The second rationale is based on the recent trend in foreign policies relating to Middle Eastern countries. Basically, this is the major outcome of the 9/11 attacks in 2001. Western policies pertaining to its relationship with the Middle East turned to an unpleasant turn. The focus of western countries, particularly the United States, has shifted towards the Middle East because of the issue of terrorism. As noted in the earlier part of this chapter, Iran was considered before as a have for terrorist groups. It is no surprise the leaders of the “free world” takes careful check on the affairs of countries like Iran. This situation is also compounded by the fact that Iran has a fully functional nuclear programme. Regardless of any other considerations or perspectives, common sense will always say that the combination of “nuclear” and “terrorism” always spell dreadful fortune. This notion alone will make any country consider averting or at least place considerable attention on any other state that minutely has the possibility of harbouring these two. Unfortunately for Iran, they fit the bill. It is for this reason that they are in the close scrutiny of the international community.
VI.Significance of the Study
There are already a considerable number of studies regarding Middle Eastern Islamic countries and human rights. The findings of this study will similarly be a welcome contribution to the existing data on that subject. Moreover, a closer look and a detailed account on the case of Iran will be provided, which is basically timely as the country is currently under public scrutiny. In the same regard, the data used in this study will be coming first hand from people who actually experienced the conditions in Iran. This will provide the reader with the perspective of an individual who encountered the prevailing conditions present in the said state. In addition, the study may also be an important part of the existing literature on the topic. It could serve as an impetus for other academics to push through with further investigations on this topic. In the same way, the learners and students of international law and human rights legislation will also benefit on the findings of this study.
VII. Scope and Limitations
The discussion on this thesis will be based on the rationale as well as the aims and objectives indicated in this chapter. Moreover, the responses of the respondents as well as the existing literature will serve as the primary and secondary sources of data which will then be interpreted and analysed by the researcher. However, this study has some limitations. Given the chosen mode of data acquisition, the findings will be based highly on the perspective of the respondents in the conditions in Iran. Thus, it is the responsibility of the researcher to regard each of the responses dutifully in relation to the existing literature. In the same regard, the use of qualitative form of research could open the interpretation of data to a considerable level of researcher bias. To prevent this, the researcher has to constantly check with the rationale and aims of this paper so that the interpretations would remain objective and impartial.
Chapter 2 Review of Related Literature I. Legal Regime of Human Rights in Iran
The following discussions will cover the legal regime in Iran with particular reference with elements complementary of the international human rights laws. The discussions will include an analysis of the Iran’s Qānun-e asāsi, civil and penal codes. This area of the literature review will serve as an introductory part on the subsequent discussions on the civil liberties in Iran.
A. Constitutional foundations
The Constitution of the Islamic Republic of Iran (Qānun-e asāsi) contains legal principles that complement certain principles of human rights. For instance, Article 3 of the Constitution indicates that the state has the responsibility of “ensuring political and social freedoms within the framework of the law.” (2007) In the same regard, the indivisible nature of “the freedom, independence, unity, and territorial integrity of the country” is ensured by the constitution as a major principle of the state. (Article 9) In looking at these constitutional entries, it appears that the recurring theme is the espousal of individual freedom in Iran. This shows that the fundamental laws and the backbone of the legal regime in Iran recognises and respects the freedom of every man within the territory of the country.
In addition, the principle of equality is also espoused in the constitution of Iran. In Article 3 of the Constitution, it states that the state is responsible of “securing the multifarious rights of all citizens, both women and men, and providing legal protection for all, as well as the equality of-all before the law.” (2007) This principle of equality is also indicated in the Article 19 of the Constitution indicating that “all people of Iran, whatever the ethnic group or tribe to which they belong, enjoy equal rights; and color, race, language, and the like, do not bestow any privilege.” (2007)
Upon reviewing the rest of the Articles in the Qānun-e asāsi, the researcher has found several other human rights principles embedded in the constitution. Such principles include the right of suffrage (Article 6); right to due process of the law (Article 37, Article 32, Article 165, Article 165 and Article 161); outlawing of torture (Article 38 and Article 39). All the said entries in the Constitution are indicated in the translated version provided by the Iran Chamber Society.
Thus, seeing that there are constitutional provisions that pertain to certain civil liberties, this indicate that the Iranian legal regime is established in principles of human rights regardless of any consideration of international human rights laws. However, there is this lingering issue that past and recent reports of human rights violations on Iran seem to place in disagreement with the constitutional provisions discussed above. The subsequent discussions will cover some more descriptions of legislations that appear to complement international human rights principles.
B. Origins from the Civil Code
A part of the civil code of Iran is the Civil Procedure Code (2007) which covers specific actions pertaining to judicial and legal proceedings relevant in the country. Basically, the said piece of legislation reinforces the rights to due process of the law indicated in the Constitution. Specific provisions like Article 356, Article 314, Article 112, and Article 5 cover areas such as the presumption of innocence, right to representation, and sufficient proof before convicting any individual.
In the discussions above, the Constitution of Iran has also established the specific elements that support human rights in the country. However, as it has been noted, there have been several variations on the other legal regime that implemented in Iran. For instance, the discussions above have displayed the existence of constitutional provisions pertaining to equality and freedom in Iran. This discrepancy is seen in the Civil Code implemented in the country. Specifically, this code even provides a clear description of the inherent inequality in the social milieu of Iran. Basically, Articles 906, 920, 907, and 911are laws pertaining to portions of inheritance among the family members. However, these laws manifest the inequality in gender present in the Iranian society. Specific provisions pertaining to the portions of inheritance is divided not only be the degree of kinship but also on the gender of the recipient. This goes in direct opposition of Article 3 of the Constitution of Iran.
C. Stipulations in the Penal Code
There are three types of punishments available in the penal code of Iran: hudud, qissas, or diya. The hudud are claimed to have originated from the Koran and are also infused in the Shari’a laws implemented in Islamic countries. Studies on the Middle Eastern culture have noted that such laws based on hudud are considered harsh. (1997) Basically, this observation is only fitting as the principle of hudud is translated literally as fixed punishments, “legal punishments decreed by God.” ( 1996)
On the other hand, the concept of qissas is also infused in the legal system of Iran. Being a theocratic country, the Shari’a has a major influence on the laws implemented in the land. Recent articles pertaining to the Islam culture indicate that qissas are literally translated as retribution. (2006) It is a realization of ancient laws of “eye-for-an-eye.” Thus, it could be assumed that in Iran, the gravity of one’s offence could only be put to justice once a punishment of equal severity is given.
As pointed out in the paper of (2004), the laws of Shari’a tends to provide avenues of retribution as a major ingredient of justice. And for some reason, violence is always involved. Just as the concept of qissas are considered open violence as retribution is readily handed to the other party, giving “blood-money” is a similarly considered as violence. (2004) It covers the element of “latent violence” by means of compensating for the injustice or crime done to another party through financial reparations.
II. Civil Liberties in Iran
The previous discussions have established that the legal framework that governs the Iranian milieu does have provisions that cover the rights of the people within its territory. However, as indicated, there are some inconsistencies with the infusion of violence in the penal code and inequality in the civil code of the country. The following discussions will reinforce these inconsistencies as Iran’s conduct fall short on the standards of the international community. The following discussion is based on the claims forwarded by journals and articles on Iran in the past decades.
A. Restricted Expression
The civil liberty of freedom of expression has been a recurring issue in highly conservative countries like Iran. In the study made by (2003) Iran has apparently been improving on this civil liberty. However, the author indicated that the improvement was rather slight that some parts of the Iran social structure still suffer from suppression. Over a decade ago, there have been reports that the intentions for democratic reforms in countries like Iran are considered shams and hypocritical as a considerable number of “dissident” publications are beleaguered by the state and even closed down its operations as the abuse of power still lingered.
However, recent reports have noted that liberal newspapers still continued to operate. (2000) even noted that these newspapers were the ones that are responsible for the outcome of democratic processes in Iran like the 1997 and 2000 elections. However, continuous operations or the slight tolerance provided for by the state did not mean that the harassment that these newspapers encounter ceased as well. Numerous liberal newspapers has closed down and eventually re-opened at a different name to provide the Iranian public with liberal views and direct reaction on the Islamic Republic. The most recent casualties of the repression of the press are the newspaper , (2007)
B. Issues on Gender
The issue of gender inequality in the country is also been discussed by numerous articles all over the world. Iran is characterised as a highly patriarchal society. (2007) This means that it is inherent in the culture of the country that men have a considerable level of ascendancy over the female population. This is reinforced with the discussion of the civil code of above where even the legal constructs of the country tends to favour men over women. This shows that the struggle for equality still is facing uphill battles as the issues of male domination is highly ingrained in the Islamic culture. ( 2004)
Despite of the reforms attempted to fix the conditions of gender inequality in the country (like the ratification of the International Convention on Civil and Political Rights in Iran), this seemed to have insignificant effect on the conduct of the state towards its female population. (2007) Violent activities like the crude concept of “honour killings” and vicious dispersal of demonstrations geared towards claiming for more women’s rights are still prevalent in the country. Despite the intention of the public to change the existing conditions against women, the problem may have been in the cultural construct which may well be too deep a problem to address.
C. Presence of Due Process in the Justice System
This part of the discussion will look into the practice of torture, capital punishment, and the presence of due process in Iran. Based on sociological studies, the inherent constructs of society often maintains the norms and traditions. Early studies have maintained that Iran possess a disciplinary society. (1996) To a certain extent, this may be attributable to the country adhering strictly to Islamic norms and laws. In any case, (1996) pointed out that the practice of torture is always present in a disciplinary society. Sadly, this practice is still observed as indicated in the work of (2007) indicating that torture and unwarranted arrests were done on a frequent basis. The matter worsens as both men and women are subjected to such violence of torture in prisons as the state condones the practice. () Seeing this, it is apparent that there is not much change seen in the context of Iran.
In the same manner, the country is also one of the countries infamous of still practicing capital punishment. Though there are other “democratic” countries that implement this type of punishment, they don’t compare to the copious number of executions made in Iran. In 1989, Iran has sanctioned a thousand and five hundred executions. (1999) This amount may have been rather implausible at first. However, one must regard this as a country controlled initially by leaders sanctioning public executions, issuing fatwas allowing the rape of convicted women before they are executed, and even the permission of commencing on the execution of a pregnant woman. (2007) To an outsider, the state is merely sanctioning capital punishment unconscientiously along with uncanny provisions. However, when looked at closely, these uncanny provisions seemed to be the country’s regard on justice, as if the state is doing the public a great favour.
D. Treatment of Religious and Ethnic Minorities
There have also been accounts of harassment and hostilities towards the minorities residing in Iran. For instance, the Baha’i religion and its practitioners have been shunned by the Iranian government and have refused recognition for several decades already. ( 2004) In 1998, there have been reports that an Iranian citizen has been executed by the state with charges of converting another to the Baha’i faith. () Earlier studies regarding the religious minorities of Iran claim that the practitioners of Baha’i are considered apostates of the state. This means that inherent contempt is already afforded to these minorities. (1995)
Other religions practiced in the Islamic Republic include Zoroastrianism, Christianity, and Hebrew. (Amuzegar, 1995, 26) As they are afforded some level of practicing religious freedom, there are still restrictions on their movement in the country. They are also given seats in the Majlis but are not allowed to hold high ranking positions in the government and the judicature. (1995)
E. Battling the Political Opposition
Reports regarding the treatment of the political opposition in Iran are considerably alarming. Basically, those who stand against the government, for some reason, end up being political prisoners. In the later parts of the 1990s, the political prisoners of Iran were approximately 19,000. (1997) This shows that the leadership and the system that operates in Iran tends to manifest a suppressive disposition against those who go against the established norms and provisions practiced and implemented in the country.
Connected to this oppression of the state is seen in the rather restricted level of freedom of expression. Reports on arrests made on organisation leaders as well as journalists have made it to international attention. (2007) This means that mere expression on opinion may trigger a visit from law enforcement officers especially if those set of expressed opinions are in opposition to certain actions or policies forwarded by the state.
Thus, the environment that surrounds the common Iran citizen provides a situation where they have to vigilantly monitor their expressed views. Otherwise, they might end up spending time in incarceration like the hundreds that were imprisoned because of their beliefs and convictions.
F. Treatment of Children
In the article of (2007) they mentioned the “martyrdom” of the underage members of the Basiji movement that took part in the Iran-Iraq war. Basically, the members of this movement not only fought in the war, they also took on odd tasks to help the Iranian forces in battler. (2006) pointed out in his article that some of the task handed to these individuals include sweeping of landmines. To an outsider, this may look as suicidal missions made with half-cooked consideration. However, (2006) mentioned that these members significantly have a strong and devout regard on these types of missions. In any case, despite the fact that these decisions made by the youngsters themselves, these are influenced by politically motivated ends managed by those who should be looking after their welfare.
Looking at this scenario in Iran, it appears that the younger population are not within protected from abuse, or at least from the misguided decisions of adults. In any case, the children and those still not of age are placed in harms way which similarly places their future in a compromising spot. According to the work of (2007) the government of Iran may have been the only one in the world who sanctions the execution of young delinquents and incarcerating offenders as young as six years old. For some reason, the views of justice in the Islamic Republic seems to adhere strictly on religious inferences of justice without regard on issues of intent or age on the part of the offender.
III. The Status in the International Community
The case of Iran has not gone unnoticed in the international community. Along with the issues human rights violations, there are also certain issues that have kept the world’s top political economies on their toes. This will be taken into consideration in the following discussions. In the same regard, the opinion of the international community will also be pointed out.
Iran is one of the few countries in the Middle East that have to establish a nuclear programme to address the energy issues of the country. However, the international community has become really wary of the existence of a programme that could also lead to the creation of a nuclear arsenal. (2006) The efforts of the international community like the “EU-3”, a united front composed of France, UK and Germany, are among the diplomatic activities which sought to address the nuclear proliferation activities of Iran. Other countries like China, US, and Russia pitched in to help the international community to convince the Islamic Republic to prevent the nuclear programme to develop into a workable arms manufacturing capability. (2006)
This capability of Iran to make its nuclear programme into a establishing a weapons capacity tends to work to the disadvantage of the country. Some articles have noted that Iran could follow the tragic and catastrophic conditions of Iraq. (1994) This notion of Iran actually possessing the capability to create weapons of mass destruction (WMD) is peculiarly familiar with the initial conditions seen in the case of Iraq. Currently, talks between influential countries are still in the process. However, there is still the possibility that the international community could react the way it did with the Iraq case. (2006) To a certain extent, courses of action pending the failure of Iran to comply with international standards and concurrent demands are also in order.
IV.Synthesis
The review of literature presented the existing conditions in the environment of Iran. In the same manner, discussions pertaining to the social and religious foundations of the norms of the Islamic Republic have also helped in understanding the conditions of the country. The issue pertaining to the consideration of the international community in Iran transcends the issues human rights and nuclear programme. The literature presented that the most influential nations in the world has been giving their share of the action in improving, or at least attempting to improve, the social errors and in the same time avert the possibility of further discord among the Iran and the rest of the world.
Chapter 3 Methods and Procedures
I. Research Methods
The study intends to use a qualitative form of research. (2002) indicated in his work that there exist at least three modes of conducting this type of research method: interview; participant observation; and document analysis. Basically, the paper intends to acquire data through the literature and through interviews. In using the existing literature, the researcher provides a critical perspective on the present conditions involved in the area of research. (2004) In this manner, the past account on the issues pertaining to the legal regime and human rights laws in both Iran and the international community will be established.
The researcher will also employ interviews as a primary means of acquiring data. Interviews are often employed by asking questions relevant to the study to specific informants. (2002) Basically, the study will employ an unstructured interview to the respondents. In this manner, the questions that will be asked are able to be flexible such that the respondents could easily understand them. () In deciding to employ an unstructured interview, the researcher does not create a pre-arranged set of questions. The process will start from the researcher asking a general question pertaining to Iran and its supposed human rights violations and consequently work on the succeeding responses of the respondents. With this, the researcher anticipates to collect a rich data from the respondents. However, the researcher also recognises that there is also the possibility of acquiring data that is irrelevant to the study. In any case, the researcher will constantly be at guard of any instances in the interview process which veers away from the general topic.
II. Respondents
The primary data will come from the interview of the respondents of this study. The respondents will include an Iranian family who have relocated to the UK. In order to gain access to these intended respondents, the researcher will ask the help of one of the members, Leila, which happens to be a colleague. Upon gaining permission to the colleague and the rest of the family, the researcher will be scheduling an appointment for the interview process. Since the data acquisition is using an unstructured interview, the researcher could inform the respondents that the interview will be very casual and devoid of any formal or rigid forms of questioning.
Moreover, the researcher will require the interview of the respondents to be on a one-to-one (2002). With this method, the researcher will be able to recognise the individual reactions of the respondents on the questions and the manner on how they convey their responses. In the same regard, the answers of the respondents will be based on their individual regards and not influenced by the views of the other family members. In using the family the researcher’s colleague, the researcher is able to require different perspectives of the situation of Iran from different age groups.
III. Ethical Issues
There are major ethical implications in using the qualitative form of research. For instance, the reliance of the analysis of the findings on the existing literature tends to be open to possible omissions of citations and proper references on the academic works. In this regard, the researcher will have to be constantly aware of the proper citations to avoid any violation of intellectual properties.
In the same regard, the study will also rely on the respondents’ answers to the interview questions. In any case, the researcher will ensure that the responses of the respondents will solely be used for academic purposes.
Chapter 4 Presentation, Interpretation, and Analysis of the Data
The following chapter will be giving the analysis of the responses of the primary respondents. Basically, the data will be held in line with the study objectives pointed out in the first chapter of the paper. Moreover, analysis of the claims made by the respondents will similarly be examined in relation to the discussed elements found in the second chapter of this dissertation.
I. Background of the Respondents
The primary data acquired for analysis in this paper is taken from an unstructured one-on-one interview with a family who have migrated from Iran several years ago. The data acquisition was rather casual and comparable to plain day-to-day conversation. For the purposes of this discussion, the respondents are classified as follows:
RF1 – female respondent 1 (mother)
RF2 – female respondent 2 (Eldest)
RF3 – female respondent 3 (younger)
RF4 – female respondent 4 (younger)
RM1 – Male respondent 1 (father)
RM2 – Male Respondent 2 (son)
Though there were five of them who were interviewed, the majority of the quotes and responses that are used in this paper, and have proven to be rather useful, are those that came from RM1, RF1, and RF2. The data acquired from the rest of the respondents were rather less functional as they vaguely remember the conditions in Iran when they lived there. Thus, the interview from these respondents never really progressed into tackling some of the points that this paper intends to address.
II. Failed Attempt of the International Community with Iran
The previous chapters have pointed out that the international community has been in constant correspondence with the Iranian government regarding their conduct towards the people within their borders. In relation to this, the respondents have pointed out several elements that may be the reasons that these attempts by the international community has failed. These include the cultural, religious, legal and political foundations of Iran.
A. Cultural and Religious Foundations
Based on the previous chapters, arguments and observations has been made regarding the problem of human rights violations in Iran as rooted in more profound factors in both the culture in Islamic Republic and the religious traditions held in the country. This has also been implied in the responses of the resource persons for this paper.
The presence of human rights violations was apparently incontrovertible as it is regarded as a normal everyday occurrence. One of the respondents (RF2) indicated that:
“Even as a kid, I am aware that some of the ways they treat people are not appropriate. I remember my parents having difficulty answering when I ask them certain things I saw on the street.”
The response is evidently a recount on her memories of Iran as a young girl. This statement points out the actual existence of the actions of the state pertaining to violations on the rights of the common man. So as the claim indicates that these violations are actually done, what is more disturbing is that these deeds are done in plain sight, even in the presence of young people.
Apparently, this claim suggests that the civil liberties (or the lack of it) that has been discussed in the second chapter of this paper seems to have been supported by these comments from the respondents. Though, the response does not clearly indicate what type of breach of civil liberty was taking place at that time, the realisation of a person as young as she is at that time that there is something dreadfully inappropriate happening proves that the people in Iran are indeed aware of the social situation in their country.
For instance, the patriarch of the family (RM1) placed a very practical observation in the relationship of religion and society in Iran. He noted that:
“The context of human rights when used with reference to Islam normally point out those that were given by Allah… which means those that are indicated in the Koran.”
Looking at the said claim, it shows that the implications of the religious practices and norms that are detailed in the Koran tend to heavily manifest itself in the social context. To a certain extent, this response made by the patriarch tends to suggest that comparing the interpretation of the context of human rights in the view of Iran with the rest of the democratic world seems to be comparing apples and oranges. To a certain point, the actions made by the Iranian state tend to draw justifications from the principles of Islam and the teachings of the Koran. As a result, the use of violence seems to be infused with the countries means of social control. As pointed out in the claim of (1996) in the second chapter of this dissertation, the country has become generally disciplinary. Seeing that by the strict adherence on Islamic principles could result to something that could be considered human rights violations, one could just imagine what will happen to societies where the Islamic laws are infused with the legal framework of the country. In any case, the claims made in the initial chapters of this dissertation that the infusion of violence in the culture of Iran may have been the key element that makes it unworkable for the country to comply with the internationally accepted rules regarding human rights. This might be, after numerous years of negotiations and persuasion, the Islamic Republic of Iran has continued to become one of the centres of attention of the international community in terms of human rights violations.
B. Political and Legal Foundations
Along with the infusion of Islamic principles in the social framework of Iran, legal identity and foundations of the country is similarly based on the laws laid out in the Koran. The second chapter of this paper indicated that the laws from the constitution, the civil laws, to the penal code are based on principles of Islam. Seeing the constitution of Iran, the context of human rights do reflect on it, however, when it comes to the civil code and the system of punishment, these policies comes to a complete turnaround.
One of the respondents (RM1) noted that:
“Rights are not tantamount to those that were made in legislature, so I think this could be a reason that some inconsistencies in the accepted laws in other countries and those in Iran are present.”
This observation may have some truth in it. The political and legal foundations of the country have to adhere closely to the principles of Islam, but questions still remains as to whether this justifies the supposed violations that they have incurred in the past years.
To examine this situation, it appears that the state implementing these laws tend to view the interpretation of these laws in the strictest, most conservative, and most one-sided means possible. It places a compartmentalised regard on society where the leaders of the state are omniscient experts on what should be and what should not. For the most part, events like the closure of the Shargh and the Al Jezeera seems off the principles of the state as embedded in their constitution. This is similarly true for the presence of killings and murder based on the context of honour or even fatwas sanctioning rape. (2007)
Normally, calls for reforms may have been expected to be one of the sensible actions made by the people of Iran or even the international community. However, this may not be as simple as it seems in the case of Iran. This is reflected in the response of one of the interviewees (RF2) claiming that:
“The problem with these laws being given by Allah himself is that no mere mortal could amend it… only Allah could change it.”
Basically, in looking at the statement given above, this could only be reflective of a strict interpretation of the Islamic principles infused in the legal framework of the country. Moreover, this claim may have been contrary to the claims given by (2003) stating that some improvements, no matter how slight they are, has been observed on the part of the Iranian government as they started to recognise and somehow implement the internationally accepted standards for civil liberties.
Again, this goes back to the profound influence of culture and religion. For some reason, the legal principles that are ratified in Iran seem to be subjected to the whims of its leadership. One of the respondents (RF1) observed that:
“For some reason, the laws on equality seem to be considered as a set of suggestions… not rules to be followed.”
Sadly, the reports pointed out in the second chapter regarding the restriction of press freedom, gender inequality, violence in the penal system, mistreatment of minorities, and political repression essentially reinforced the truthfulness of this claim.
III. Conducting Humanitarian Interventions
This part of the chapter is going to detail the humanitarian interventions made by the international communities and the legal justifications of their activities on Iran. In line with this, the focus will be on the humanitarian interventions conducted related with the human rights violations made by Iran. Furthermore, the responses of the Iranian family interviewed for this dissertation will be the basis on the justifications as they point out the atrocities in the Iranian society.
A. Attempts of Intervention Made by International Institutions
Intervention at this point is defined by the actions made by the international community made to make the Iran government push for reform. The following discussions will be based on the comments provided by the respondents on these actions coming from the international community.
1. United Nations
The United Nations have taken the responsibility of incessantly reminding the Iranian government of the unacceptable acts of violence done in their country. The respondents (RM1) commented on the issue claiming that:
“Several attempts from the UN was made, I mean I think there has been more after we left for the Sweden and even when we settled here, but I think the UN appears to show it as mere ‘reminders’ and not enough substance in the order.”
This claim manifests that UN has never been trying hard to make Iran change its ways, and apparently they failed miserably in the past years. In the article made by (1997) it shows that the UN is apparently running in circles with Iran, especially in the context of women’s rights. Basically, the article pointed out that with the talks that the UN made with Iran, the latter will merely accepts the proposal with the promise of considering it and pushing for reform. However, in reality, the said proposal will only be stuck amidst the myriad of proposals made for Iran to consider.
At the rate that the UN is going, significant improvements on the conditions of human rights in Iran would still be implausible. To some degree, the lost of hope is imminent among those living in the Islamic Republic. This sentiment is shown in the comment provided for by one respondent (RF2) claming that the United Nations should employ “less talk and more action. That’s the problem when things go overly diplomatic.”
2. European Union
The European Union has made talks with the government of Iran; however it is not entirely focused on the issue of human rights violations. (2004) The talks basically focus on the nuclear proliferation in Iran. Appended to these talks, regardless on how minor it is, is the issue on human rights. However, there are still reservations on the willingness or at least a glimmer of possibility of Iran trying to consider these talks seriously. One of the respondents (RM1) gave his observation on these talk processes between the prominent members of the EU and Iran. He noted that:
“I appreciate the initiative of the EU to deal with the issues of human rights in Iran, but a little pressure I think would have significantly positive effects.”
The claim above still focuses on the issue of human rights. However, one should realise that the European Union could not directly take on these sensitive issues as diplomacy should still be considered. Besides, as noted by (2004), the EU and Iran has strong ties with regards to trading. The article noted that in 2001, over a quarter of Iran’s overall exports came from the regional bloc. This complicates things and possibly why the EU could not take a stand similar to that of the US. Another respondent (RF1) also pointed out the issue of security on the part of the EU as she noted that
“I think the EU treats Iran the way they do with regards to the human rights violation is because of their nuclear capability.”
3. United States of America
Same as the intention of the EU, the Unites States has taken a stand against the nuclear proliferation programme of the Islamic Republic. This issue is similarly compounded by the issue against human rights. (2004) However, unlike the case of EU, the United States, with George W. Bush at the helm, threatened Iran to back down with the use of military pressure backed up by the UN along with economic sanctions. The respondents have been reacted positively on this stand by the US. One of them even noted that
“The US should continue what they are doing. Sometimes a bully should be bullied back.”
One must give emphasis on the fact that the respondents have experienced the atrocities in Iran first hand. However, the emphasis of the threats made by the US is merely caused by the nuclear threat posed by Iran and not the actual treatment of the state towards its citizens. However, the respondents deem that with the Iranian leadership succumbing to such threats may possibly take the atrocities a notch lower, or even eradicate it totally. The problem is that the repercussions of the threats made, if Iran calls the United States’ claim seriously, opens the possibility of a nuclear strike coming from both countries. This paints a grim future for the rest of the world.
B. Legality of Humanitarian Interventions
Based on the discussions above, it appears that the respondents are highly inclined towards the implementation of humanitarian interventions towards the Islamic Republic of Iran. Seeing the aversion of the respondents to the “overly diplomatic” stand that the EU has been showing and the rather hopeful regard to the intentions of the US emphasizes this claim. However, actual humanitarian intervention campaigns have yet to show encouraging outcomes, especially those orchestrated by the United States. Best examples on these campaigns are the US-led NATO campaign on Kosovo and the recent military campaigns in Afghanistan and Iraq, all three became the subject of heated debates on the legality of the actions of the US.
The troubling thing about the case of Iran is that the subjects on which the United States declaring appears to emulate what has been done in the Iraqi situation: possibility of nuclear proliferation as a primary issue and human rights violations as one of the secondary charges. As accounts indicated in the Iraqi case, the attacks of the US are under the cloak of security. (2001) Basically, the interventions made by the United States were based on their context of self-defense. ( 2001) In any case, the use of force was considered as a violation of the established UN Charter. Along with the NATO’s humanitarian involvement, attacks in Afghanistan, and military involvement in Iraq, were among what Glennon (2003, 18) noted as the Bush Doctrine.
IV.Dealing with Issues of Human Rights Violations
The following sections are among the several recommendations pointed out by the respondents in the interview pertaining to the solutions that could be done in minimising or even completely eradicating the continuous infliction of human rights violation on the people of Iran. The discussions will also be supported by articles and journals directly related to the issues of Iran.
A. Possibility of Democratisation
The idea of democratisation on the part of Iran is seen in the comment of two of the respondents (RM1 and RF2). In the case of RM1, he noted that
“Iran should start considering reforms, one good way to start is by practicing democratic processes.”
Thus, for the purposes of this discussion, the definition of (2005) on democratization will be operational in this paper. Basically, the said author indicated that
“signifies a move toward greater degrees of political participation in existing governmental systems. In essence, it enhances the collective freedom of the citizen vis-a-vis the state, especially in terms of the public’s ability to participate in and influence the government.” ()
The definition specifically states that not only the entire political process will be subjected to changes, but also other underlying elements like the legal framework as well as the other factors that have a significant effect on the social structures of the state.
The respondents seem to see this as a rather constructive way to alleviate the current situation of the people in Iran. One respondent (RF2) even claimed that
“I don’t see why Iran could not apply democratic principles while keeping true with Islamic traditions.”
This indicates that though the people in Iran see the need for reform to change their conditions, they still regard the basic spiritual and religious foundations that they adhere to as central to their identity as Iranians.
However, in an account of (2005, 87) in the democratisation of Middle Eastern countries, it appears that a strong resolve should be present on the part of those trying to democratise these nations. One must bear in mind that the traditionally, the political institutions in these countries have been under authoritarianism. And for obvious reasons, the leaders like it to stay that way. (2005) even noted that these leaders could even allow the nation to go through the process of democratisation not with the intention of instilling change, but to acquire power and authority once more. In the end, the democratisation process will end up as a big farce unless democratic countries like the United States and regional blocs like the EU do their share to prevent this from happening.
B. Continued Talks with the Iranian Government
In looking at the process on which the EU has acquired in pushing for reform on the part of Iran, it is not all that bad. Treaties and dialogues between Iran and the international community is healthy in keeping order, especially considering that the method acquired by the US in Iraq still leaves them in conflict with the locals, though this paper would not go so far as to call it a failure. In any case, these talks made with the Iranian government should still be regarded as an important element in pushing for reforms. To some extent, this shows the Iranian authorities that their actions are being monitored by the international community. As one of the respondents (RM1) noted, “Iran should be aware that the world is watching.” And this is what these talks are accomplishing, it makes Iran aware not only that the world is watching, but also that the time for reforms is imminent.
However, these talks should be taking strides such that actual positive outcomes should be visible. Otherwise, it will only affirm the initial reactions of the respondents who regarded these talks as a waste of precious time. RF2 noted that “someone should talk sense to the political leaders of Iran.” That is correct. But as pointed out by the discussions on the article of (2005) with the profound origins and roots in the country, the end-goal seems heading towards a gloomy end.
C. Sanctions Made by the International Community
This suggested course of action is acquired from the response of two of the resource persons (RM1 and RF2). Basically, the most palpable manifestation of such actions is seen in the comment of RF2 claiming that:
“At the rate Iran is going, sanctions like embargo or (God forbid) humanitarian interventions coming from the international community is starting to look like bright ideas.”
However, one must realise that there has yet to be a campaign that went directly on Iran which dealt primarily on the issue of human rights violations. The closest case that the international community could adhere to is when NATO took actions against the Federal Republic of Yugoslavia (FRY) (2003). Reports claimed that aside from the military activities done by the international coalition towards the country; they have similarly given economic sanctions on FRY. According to the study of (2003) the member countries of NATO stopped any trade, specifically export and re-export of goods, coming from the states in FRY.
In any case, though this action seems to fall into the context of retaliation, the international community should deem as to whether attacking Iran both through economic and military means would ensue positive implications. However, as Iran adheres to the same principles, its actions should not go unpunished. This sentiment is shared by one of the respondents (RM1) as he claimed that for “all those years of atrocity, someone has to answer for them.”
V. Subconclusion
The discussions in this chapter provided a detailed presentation on the sentiments of the respondents regarding the situation in Iran. Based on the data above, it shows that the eldest members of the resource group still feels significantly concerned with the situation in their country. They even regarded the possibility of any reforms to be unlikely as they see the problem lies deep in the identity of the country. With this, it is apparent that the respondents see that the Islamic Republic will not be able to change on its own, intervention from other countries will be necessary to bring about any semblance of change or reform in Iran.
Chapter 5 Conclusions, and Recommendations I. Summary
The dissertation has provided a background description of the conditions present in Iran. The study used qualitative research to acquire data and analysed it in line with the reports on the current conditions with the country based on the academic and scholarly journals. The resource people who helped for the completion of the paper were a part of a family who have migrated from the Islamic Republic several years ago. Their responses and comments basically reinforced the claims in existing literature pertaining to the human rights conditions on Iran. Along with these comments, the study has also given a discussion on the possible origins and roots of the atrocities and culture of violence in Iran. As indicated in the earlier parts of the paper, the religious and cultural foundations of the country has been the key in determining why the other factors that affect their social framework operates the way that they do. In the same way that the social constructs in Iran are based on Islam, so are the political and legal frameworks of the country. The dissertation has made it clear that the profound causes of what the rest of the democratic world see as violations of human rights, are deeply ingrained in the consciousness of Iran as a country. Further discussions on these claims will be given in the subsequent parts of this chapter.
II. Conclusions
The conclusions to be made in this part of the chapter are based on the summary above as well as claims given in the previous chapters of this paper. Moreover, the discussions will also be trying to address the central and secondary questions posed in the earlier part of this dissertation. Upon careful deliberation, it is seen that the Iranian people, both in and out of the country, are tired of the situation of human rights in the country. They desire reforms and observable changes in policies which may also have an effect on their situation in society. The comments and observations made by the respondents reflect this claim. Unlike our resource people, not all Iranians are able to flee the atrocities and choose a place of refuge. There are still people experiencing what our respondents flee from, as indicated in the recent reports regarding the human rights violations in Iran.
And based also in the discussions in the previous chapters, it appears that the international community is also concerned with the human right violations reported in Iran. However, their apprehension regarding the conduct of the state towards its people is shadowed by the possibility of nuclear proliferation on the part of Iran. On this regard, the international community appears to have their hands tied in terms of dealing with the human right atrocities in the country. The international community do want to help the Iranian people on their plight but the nuclear issue is more pressing as it involves the consideration of national security on their own territories. Thus, this dissertation sees the diplomatic methods used by the EU would be the most beneficial means of taking the support of the Iranian government. As stated above, the talks appear to be attempting to hit several birds at once: the issues on nuclear proliferation and human rights violations among others.
The truth of the matter is that if the people of Iran really want change, it is up to theme to deal with the social injustices that they are subjected. Reports noted in the second chapter have indicated that there are already attempts made by the public to empower their rights. However, these attempts has been thwarted effortlessly by the government as most of these people are taken as political prisoners and even charged with capital punishment. And apparently, the government makes it known to the public the harsh future that awaits those who oppose the state. At this point, one could not blame the Iranian public from being afraid as the repressive powers of the state are considerably immense, especially when those enforcing these powers deem that they are doing things at the bidding of their faith.
It is the contention of this paper that the intervention of the rest of the international community should be forwarded to the people of Iran. Intervention should come in the form of empowering the Iranian public, those who actually wants change to happen. Though the international community should still continue talks with the government, constant cooperation with the rest of those battling social injustices should also be done to realise the intention of forwarding a united front from both the international community and those holding political power in Iran.
III. Recommendations
The following recommendations are based on the conclusions and discussions in the previous chapters of this dissertation:
Encourage change from within
The group holding power in the Islamic Republic must as well be aware of the situations and atrocious nature of the punishment in the country. As stated by one of the respondents in this paper, someone must talk sense to these people. Hopefully, they could recognise that such reforms are needed, even demanded, by the public.
Continue dialogues with the Iranian government
The EU along with other regional blocs and international organisations should continue dialogues with the Iranian government regarding the state of human rights, possibly along with the issue of nuclear proliferation. Though the approach of the US regarding the issue seems appealing, the diplomatic approach held by the EU may still be preferred by the rest of the democratic world. Basically, the methods noted in the former only gives the illusion of progress as the latter manifest a considerably sluggish development. In any case, this study feels that diplomacy would do good for the international community.
Avert any possible acts of force against Iran
Along the lines of the previous recommendation, the international community should also be wary of any aggressive actions against Iran. The armed movements made by NATO and the terror campaigns led by the United States should be indicative of the possibility of another armed campaign towards the Islamic Republic. International organisations like the United Nations should learn its past mistakes and take a firm hand in controlling the United States for any possible actions that will compromise the safety of the rest of the globe.
Empower the Iranian Public
This recommendation does not indicate any action that would compromise the relationship of the international community with the Islamic Republic of Iran. Subtle reinforcement like recognition and demands for reform though mass media would be more than sufficient.
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