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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports. Scroll to: _______________________________________________________________________ UN Special Rapporteur on Adequate Housing Country visit: 19 July – 31 July 2005 Children's right to housing: Based on the provisions of legal instruments, the Special Rapporteur has adopted a working definition of the right to adequate housing as "the right of every woman, man, youth and child to gain and sustain a secure home and community in which to live in peace and dignity" (E/CN.4/2001/51, para. 8). Based on the notion that all human rights are interrelated and indivisible, he has adopted a holistic approach to his mandate, and has sought to explore linkages with other related rights such as the rights to food, water, health, access to sanitation, work, property, the right to security of the person and security of home, and protection against inhuman and degrading treatment in all of his activities with a special focus on minorities and vulnerable or marginalised groups. The Special Rapporteur also focused particularly on women, pursuant to his mandate under Commission resolutions 2002/49, 2003/22 and 2005/25 on women's equal ownership of, access to, and control over land, and the equal rights to own property and to adequate housing. (Paragraph 7) Camps: Overall living conditions in the camps are disturbing. Health standards are particularly distressing, especially due to the low quality of water. During the camp visits, many women reported that their children suffer from regular stomach aches and skin diseases. Testimonies from some camps' settlers indicated that the provision of water was interrupted several times a day. High population density is also a concern with up to eight people living in one-room containers. The containers were reportedly not suitable, given the very high temperatures observed in Bam during the summer, despite the provision of air conditioning to all housing units, and during the winter, given the water leaks into the containers. (Paragraph 68) Discriminatory laws: This situation restricts women's possibility to acquire adequate housing through means of purchase and rental and is especially problematic in the event of the husband's death. Although some welfare programmes have been created targeting widow heads of household, the pensions provided are normally insufficient to allow for the maintenance of a home, especially if they have to assume the high costs of rent. In this context the legal provision that restricts a woman's inheritance rights with respect to land is of concern as it may lead, in extreme cases, to homelessness. According to national law, women are in general entitled to half of the inheritance of men and, when inheriting from her husband, a woman does not have the right to inherit land, having only rights over liquid assets. This also applies to land which she is occupying. In addition, a woman's share of her husband's inheritance is only one eighth if she has children or one quarter if she does not; in this last case, the remaining three fourths are transferred to the Government. (Paragraph 97) In the light of the above, the difficulties faced by a woman attempting to rent or purchase a house and the absence of alternative accommodation, as well as discriminatory custody practices applying to children, may compel her to stay and put herself in severe danger. The links between violence against women and the right to adequate housing are unambiguous, given that the right to adequate housing also implies having access to a safe and secure house. (Paragraph 100) Safe houses: Although noting the information received from the Government regarding the establishment of so called "social crisis management centres", the Special Rapporteur would also like to express particular concern in relation to the insufficiency of safe houses for runaway girls and street women, which may also lead to homelessness. Lack of essential official statistics concerning housing-related issues, including on the number of homeless people in the country and data on violence against women, constitutes an obstacle to a more complete assessment of the overall housing situation in the country. (Paragraph 101) The Government should: Develop further policies to address discrimination against women in relation to equal access to housing, land, property and inheritance, including the urgent creation of safe houses for women subject to violence, runaway girls and street women; (Paragraph 105) _______________________________________________________________________ UN Special Rapporteur on Violence Against Women Country visit: 29 January – 6 February 2005 Early marriage: Prior to the 1979 Revolution, the modernisation process, initiated under the Pehlevi rule, led to certain legal reforms intended to benefit women in Iran. Particularly noteworthy are: the 1932 Civil Code that increased the minimum age of marriage to 15 for girls and 18 for boys; the introduction of co-education in Tehran University in 1936; the 1937 decree for compulsory unveiling; the 1940 Criminal Code (although it retained a man's right to murder an adulterous spouse and other female relatives); the right to vote instituted in 1963; and the 1967 and 1975 Family Protection Law that curtailed polygamy and the unilateral right to divorce for men. These reforms, however, impacted only a small minority of elite women, remaining irrelevant for masses of rural and working-class women. On the other hand, the encroachment of central policies eroded the power of the clergy, threatened the autonomy of tribal groups and undermined the interests of the provincial merchants. While curtailing the power of the traditional entities, it also failed to open democratic space for new and progressive voices to flourish. (Paragraph 7) Early marriage is sanctioned by law as girls can be married as young as 13 and boys as young as 15. For girls, the age was only recently raised to 13 from the age of 9. Marriages may still be contracted for children under these ages with the consent of the parents. All girls and women must have the consent of the father (in his absence other male relatives) in order to enter into a marriage contract (art. 1041). Article 1105 of the Civil Code provides that the husband is the "head of the family". A husband is also permitted to take multiple wives, which is said to be a source of friction in the family and vulnerability for women. Thus, laws disempowering women in the area of marriage legitimise power imbalances in the marriage relationship, make women vulnerable to violence and make it difficult for them to escape violence. (Paragraph 45) International obligations: Iran ratified three of the main international human rights instruments prior to 1979, namely: the International Convention on the Elimination of All Forms of Racial Discrimination (in 1968),13 the International Covenant on Economic, Social and Cultural Rights (ICESCR, in 1975), and the International Covenant on Civil and Political Rights (ICCPR, in 1975). In 1994, the new regime also ratified the Convention on the Rights of the Child (CRC), reserving the right not to apply any provisions or articles of the Convention that are incompatible with Islamic laws.14 More recently, in 2002, Iran ratified ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour of 1999. In the domestic application of this Convention it is important to ensure that it covers tasks that are principally assigned to girls. (Paragraph 20) Iran has not signed or ratified the Optional Protocols to ICCPR, the Optional Protocols to CRC on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Optional Protocol thereto or the Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol thereto. (Paragraph 21) With a view to the adoption and observation of international human rights standards the Special Rapporteur recommends that the Government: Fully implement the recommendations of the Committee on the Rights of the Child (CRC/C/15/Add.254) and of the Special Rapporteur on adequate housing, contained in the report on his mission to Iran (E/CN.4/2006/41/Add.2); (Paragraph 72 e) Education: Despite the continuing reports of violations of women's human rights, there have been some positive developments during the past decade. In this regard, the most remarkable of these developments has been in the area of the right to education. The ratio of girls attending primary school is almost equal to that of boys. The literacy rate for women is improving, although 31 per cent of them are still illiterate, compared to 17 per cent for men.17 The most significant progress has occurred in higher education, where 62 per cent of the students are women. (Paragraph 26) Discrimination against women and girls: With regard to the Convention on the Elimination of All Forms of Discrimination against Women, in January of 2002 the cabinet presented a bill to the Majlis, proposing accession to the Convention. The bill was adopted by the Majlis, but rejected by the Council of Guardians. It is currently before the Expediency Council for review. During meetings with the female parliamentarians of the Seventh Majlis and various government officials, including the head of the Committee on Women, Youth and Family of the Expediency Council, concerns were voiced about the incompatibility of the Convention on the Elimination of All Forms of Discrimination against Women with Islamic norms and that the equality provisions of the Convention may in fact take away some of the privileges women currently enjoy, such as not having to contribute to family sustenance as this is currently the responsibility of the husband. (Paragraph 22) They also pushed for reform of discriminatory laws and introduced 33 bills most of which were rejected by the Council of Guardians on the grounds that they were incompatible with the sharia. With the intervention of the Expediency Council 16 of the proposed bills eventually became law, but only after being amended to lose their progressive elements. These bills, for example, allowed unmarried women to study abroad, raised the minimum age of marriage for girls from 9 to 13, granted women custody rights for sons up to the age of 7, and improved the rights to divorce for women. Among the bills that were rejected by the Council of Guardians are the proposals to ratify the Convention on the Elimination of All Forms of Discrimination against Women and to give the right of residence and nationality to non-Iranian spouses of Iranian citizens. The female deputies in the current Majlis have so far not been willing to challenge the numerous discriminatory laws on the books. (Paragraph 29) Given the ideological framework referred to above, violence against women in Iran is rarely acknowledged as a serious problem by the authorities and rarely reported by the victims. The 1999 Human Development Report of Iran indicates that domestic violence, in particular, is a hidden social phenomenon which is not discussed openly. The report concludes that no action has been taken to change prevailing attitudes or reform the pertinent laws and regulations. Although the report is outdated, the Special Rapporteur's interviews did not indicate fundamental changes. It was particularly clear in Ilam that women feel compelled to tolerate violence, inflicted not only by their husbands but also by other family members, for fear of shame, of being ostracised, or of being divorced and for lack of alternatives to the abusive environment. The Special Rapporteur found that some of the cases of self-immolation in the city are linked to the lack of legal protection for women victims of violence, lack of shelters, difficulty in obtaining a divorce, child custody laws that favour the father and pervasive gender discrimination throughout society. (Paragraph 34) Discriminatory laws in both the Civil and Penal Codes in Iran play a major role in empowering men and aggravating women's vulnerability to violence. In particular, discriminatory provisions in the Civil Code relating to the areas of marriage, child custody, freedom of movement and inheritance may lead to, perpetuate or legitimise violence against women perpetrated by private actors. The provisions of the Penal Code relating to crimes specified in the sharia, namely, hudud, qisas and diyah, are of particular relevance in terms of gender justice. (Paragraph 44) Child custody laws also favour men over women. In principle, both the physical custody (hezanat) and the legal guardianship (velayat) of the child belong to the father. While, under certain circumstances, women are granted physical custody, legal guardianship, which includes the authority over decisions regarding the child's well-being, is almost exclusively given to the father. Following a divorce, physical custody was until recently granted to the mother until age 7 for girls and age 2 for boys. In 2003, the law was changed to allow both children to remain with the mother till age 7, custody is then automatically transferred to the father, or if he is absent or incapable, to another male in his family. If the mother remarries, the physical custody then shifts to the father. Women who have been subjected to violence frequently do not want to risk losing their children and, when faced with such a possibility, they often feel they have no choice but to remain in a relationship with a violent partner. (Paragraph 47) The Civil Code also restricts women's freedom of movement. For example, according to article 1005, as the exclusive head of the family the man has the right to control his wife's freedom of movement and behaviour in many situations. She must show the written and notarised approval of her husband in order to obtain a passport and to be allowed to travel abroad. A woman's freedom of movement is also seriously curtailed by the numerous rules upholding sex segregation in public space. Additionally, an unaccompanied woman must obtain permission from her husband or the local authorities in order to stay at a hotel. To be able to leave the house, women and girls must dress according to the mandatory dress code (hejab). Although the Deputy Minister of the Interior explained that there was no mandatory dress code, others the Special Rapporteur spoke to claimed the contrary and argued that failing to obey this rule may result in punishment of 10 days to 2 months' imprisonment and a fine. Such legal provisions empower men to use force on women, including diverse forms of violence, in order to ensure compliance. (Paragraph 48) The law provides that women inherit only half of the share of property of their male counterparts. For example, daughters inherit only half of the share of sons. If a woman in a permanent marriage dies, her husband inherits all of her property if she has no other heirs and a fourth of the property if she has children. If a husband dies, his wife only inherits a fourth of his property if she is his sole relative and an eighth if he has children. A woman has no right to inherit land. Even if there is a written will contesting these rules, it is not legally binding. The links between the denial of women's property rights and the risk of violence have been well documented, in particular by the Special Rapporteur on adequate housing.33 In this regard, it should be noted that the Special Rapporteur on adequate housing visited the Islamic Republic of Iran from 19 to 30 July 2005 and we expect that his analysis and recommendations will guide the Government in addressing these problems, particularly in view of contemporary realities regarding women's status. (Paragraph 49) These steps, while significant, have not been enough to fully address the wide spectrum of violence suffered by women. If the Iranian regime is sincere about restoring women's dignity then it must embark on a re-interpretation of its fundamental norms, including Islamic principles in line with the current needs and societal contributions of women as well as with universal human rights standards. Some recent amendments to the law concerning child custody and the minimum age of marriage as well as the moratorium on stoning are significant steps in this direction and show that it can be done. It is important to acknowledge that the majority of the female population in Iran is young and well educated. The current practices do not allow them to reach their full potential and aspirations. (Paragraph 65) In order to enhance women's access to justice through a transparent legal and judiciary reform it is recommended that the Government: Prevent early and forced marriages; The age of majority in the Islamic Republic of Iran is 9 for girls and 15 for boys. This is not only discriminatory, by setting the age lower for girls than boys, but it also subjects both girls and boys to the possibility of being tried as adults for criminal offences and is contrary to the definition of the child as contained in CRC. The Committee on the Rights of the Child expressed concern about this low age of criminal responsibility and in particular about reports that juveniles have been subjected to the death penalty and other punishments amounting to torture and ill-treatment such as amputation, flogging and stoning. (Paragraph 50) Furthermore, the Special Rapporteur noted that in many cases the punishments imposed were disproportionate to the seriousness of the offences committed. These arbitrary punishment frequently discriminate against women, punishing them more harshly than men who commit the same crimes. For example, if a woman kills her child she will be punished with the death penalty. The father or paternal grandfather committing the same crime will only be required to pay diyah to the child's relatives and possibly also be sentenced to imprisonment, flogging or a fine. Furthermore, a husband has the right to kill his wife if he witnesses her in an act of adultery, but if a wife commits the same crime, she would face the death penalty or a long prison sentence.(Paragraph 57) The Special Rapporteur was happy to learn, during her visit, that many members of the judiciary recognise the need for reform as a priority issue. Those she spoke to affirmed that a judicial reform is under way to amend some of the discriminatory provisions of the law with a view to enhancing the protection of women's rights. For example, they mentioned that they were in the process of developing a bill for the protection of the defendant; a bill to amend family law; and a bill on juvenile courts which incorporates the legal ban on under-age capital punishment. The members of the judiciary also stated that there has been an increase in the recruitment of women in the judicial sector, 33 per cent of which is currently composed of women. They also reported that offices for the protection of female victims' rights were created and that there was a plan to establish special courts for women. (Paragraph 66) Trafficking: Reports also indicate that there is a worrying increase in the trafficking of girls and women. Most of the trafficking is said to occur in the eastern provinces and mainly in border towns with Pakistan and Afghanistan where women are kidnapped, bought or entered into temporary marriage in order to be sold into sexual slavery in other countries.28 The officials with whom the Special Rapporteur spoke informed her that measures were being taken to combat trafficking. Since 1999 about 28 "health houses" have been set up by the State-run Welfare Association to provide assistance to unmarried girls who have run away from their homes and are at risk of being trafficked. These institutions provide temporary housing, professional counselling and skills development for runaway girls. However, reports indicate that girls may be trapped in abusive situations even in these shelters. For instance, in February 2001, senior State officials were charged with trafficking girls living at the Jasmine Centre. A judge of the Revolutionary Court was among those accused. (Paragraph 36) The Law on Combating Human Trafficking, enacted in August 2004, specifically criminalises trafficking in persons in Iran. The Government has also taken some action against human trafficking, by arresting, convicting and executing a number of persons for the crime. This may be an issue for further exploration by the Special Rapporteur on trafficking in persons, especially women and children. (Paragraph 37) Leyla Mafi, aged 19, was sentenced to death in May 2004 on charges of acts contrary to chastity for operating a brothel, having intercourse with blood relatives and giving birth to an illegitimate child. According to the Government, Ms. Mafi has confessed to these charges, and the information received indicates that she is to be flogged before being executed. However, social workers working on this case report that Ms. Mafi has the mental capacity of an 8-year old. It is also reported that Ms. Mafi was forced into prostitution by her mother and that she gave birth to her first child when she was 9. She had been previously sentenced to 100 lashes on two occasions. In response to a communication the Special Rapporteur sent to the Government on 13 December 2004 jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions concerning this case, she received a response indicating that Ms. Mafi's case was currently under review.31 Subsequent to the Government's reply, the Special Rapporteur received information that Ms. Mafi no longer faced execution, but that she still faced a punishment of flogging. While the Special Rapporteur welcomes the commutation of the death sentence, the Special Rapporteur remains concerned that she may be subjected to flogging. (Paragraph 42) With a view to the adoption and observation of international human rights standards the Special Rapporteur recommends that the Government: Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime and protect women victims of trafficking, ensure accountability of the traffickers and provide compensation to the victims; (Paragraph 72 d) _______________________________________________________________________ UN Special Rapporteur on the Human Rights of Migrants Country visit: 22 February – 29 February 2004 Education: The Special Rapporteur held several meetings with representatives from different departments of the Ministry of the Interior. The Director-General of the International Affairs Division told the Special Rapporteur that his department was in charge of security issues as well as social affairs, the economy of the Iranian provinces and the situation of foreigners living in Iran. With regard to the particular situation of Afghans, all of them possessed an ID card; he referred to the collaboration with UNHCR and the repatriation programme put in place by the Iranian authorities and UNHCR. He recalled that just over 200,000 Afghan students were enrolled in educational institutions, 4,000 of whom were in higher education. A special Decision of the Cabinet of Ministers in 1981 guaranteed that Afghans would be able to follow postgraduate studies. He stated that the Afghans could no longer be considered refugees and therefore Iran alone could not bear the economic and social costs related to such a huge presence. Economically, in addition to providing free services to Afghans, Iran was also engaged in developing programmes in Afghanistan aimed at facilitating their return. Socially, he referred to the fact that a number of Afghans were involved in illegal activities such as drug smuggling and trafficking in persons which had an impact on national security. Accordingly, Iran was revising its own legislation to address these issues and enhance its cooperation with neighbouring and European countries. When asked to provide information on the situation of migrants in detention centres, the Director-General regretted that he had no information on that subject, which fell under the authority of the police department. (Paragraph 10) Opportunities for higher education were closing in 2003 and Afghans living in refugee camps told the mission that they had very few opportunities to attend university. Although it was decreed that even undocumented children would be permitted to attend school, an NGO representative mentioned that some local authorities continued to deny refugee children entrance to public schools. Representatives of Afghan communities also informed the Special Rapporteur that Iranian authorities were cutting educational assistance to the 250,000 Afghan children in Iran. In the past, Afghan families had to pay one third of the education fees but as of the end of 2003, Afghan families would have to pay the totality of the fees. (Paragraph 25) The authorities also progressively reduced assistance for health care throughout 2004. For instance, it became obligatory to subscribe to health insurance schemes at full cost. From September 2004 school fees were compulsory for all Afghan children. (Paragraph 26) Built in 1994, Torbat-e-Jam refugee camp looks like a housing complex; with wide shrub-lined avenues, several parks, a football field, a gym and a bazaar, it is often described as one of the best refugee camps in the world. Currently, it hosts some 5,500 refugees (2,623 women and 2,817 men) living in 928 houses. Some 1,500 students attend the camp school, which has 170 Iranian teachers for primary and secondary levels. Forty-two students from the camp are currently pursuing their studies at Universities of Mashed and Tehran. (Paragraph 28) Birth registration/legal status: If an Afghan marries an Iranian woman, their children have no legal status because the presence of the Afghan man is irregular and the marriage is not recognised officially. The Special Rapporteur was told that in Khourastan Province, over 10,000 children are facing this situation. At the same time, other groups, after 10-15 years' stay in Iran, have now integrated into Iranian society to the extent that they are reluctant to uproot themselves and their children born in Iran and face an uncertain future in Afghanistan. (Paragraph 27) The Special Rapporteur considers that the strengthening of control systems should not disproportionately affect previously existing measures, in particular those relating to family reunification and integration of migrants who have been in Iran for several years. The Special Rapporteur is of the view that it is necessary to pay particular attention to Iranian women who have married Afghans as well as to their children. Particular attention should also be devoted to those Afghans who were born in Iran and have been living there since birth. The Government should consider providing a legal status to Afghan children born in Iran as well as to Afghans married to Iranian women as well as to their children. Measures to ensure the full and effective implementation of legislation relating to unaccompanied minors in relation to reunification and documentation should also be foreseen and implemented. (Paragraph 74) Refugees: Most of the young residents living in the camp do not have a clear idea of whether they would like to stay in Iran or go to Afghanistan. The majority of them never lived in their country of origin and feel that prospects in Iran and in Afghanistan are rather limited. In Iran, a number of professions are not available to them and economic conditions in Afghanistan do not provide them with opportunities in terms of employment or earning a living. (Paragraph 31) Street children: Street children and unaccompanied children are sent to juvenile centres while their relatives are located. (Paragraph 35) Child labour: Restrictions on refugees' access to employment were tightened so that all refugees except those with old work permits were classified as illegal workers and thereby subject to expulsion. A new policy of fining and imprisoning the employers of undocumented workers was also introduced, causing in some instances loss of jobs and more restricted access to social services. Many refugees were immediately fired from their jobs, and thereby also lost their homes and all entitlement to medical care. They had absolutely no access to State social security or any other safety net. Little or no compensation is paid when workers in the construction sector are killed or disabled in accidents. Informed reports have suggested that there has been an increased use of drugs to sustain long and hard working days as well as increased use of child labour in informal sectors. Iranian entrepreneurs will also be heavily penalised for employing illegal Afghan workers. (Paragraph 24) _______________________________________________________________________ UN Special Rapporteur on the Right to Freedom of Opinion and Expression Country visit: 3 November – 11 November 2003 Student demonstrations: During his visit, the Special Rapporteur also enquired about the situation of students, in particular in relation to the events of July 1999 and June/July 2003, during which numerous students were attacked, arrested, tried and sentenced for having participated in demonstrations calling for reform and protesting against the socio-economic situation in the country. (Paragraph 55) The Special Rapporteur was informed that, during both the 1999 and the 2003 events, students demonstrating peacefully were reportedly attacked by members of the Basij (a paramilitary group under the authority of the Revolutionary Guards, which is represented in each university through a Students Basij Organisation) and of the Ansar Hezbollah (a group dependent on the authority of the Office of the Leader) and many were arrested. (Paragraph 56) It seems that a number of those arrested (it was not possible to have precise statistics) were charged with "threats against national security", "confusing people's minds" and/or "propaganda against the State", after long periods of incommunicado detention - in Tehran, mostly in block 325 of Evin prison, which is allegedly the headquarters of the Supreme Command of the Revolutionary Guards, and in sector 209 of Evin prison∗, during which they were reportedly subjected to long and repeated periods of oral and written interrogation, and to ill-treatment. (Paragraph 57) The process is then very similar to the pattern identified in the cases of journalists and intellectuals as cited above. Students prosecuted for their participation in the 1999 and 2003 demonstrations were reportedly not allowed the assistance of a lawyer until their indictments and - in the cases of those who have already been tried - the trials by a Revolutionary Court were closed and often very short. (Paragraph 58) The Special Rapporteur is seriously concerned that in most cases extremely heavy sentences were pronounced against students; in particular, a number of students arrested after the 1999 demonstrations such as Mehrdad Lohrasbi and Abbas Deldar, whom he met in Evin prison, and Ahmad Batebi were sentenced to death, but the sentences were commuted on appeal to 15 years' imprisonment. (Paragraph 59) In view of this situation, the Special Rapporteur is deeply concerned about the situation of students indicted after the 2003 demonstrations, most of whom are awaiting trial and who are at risk of being condemned to very heavy sentences. (Paragraph 60) It is also reported that in parallel to penal prosecutions, the case of these students was referred to the disciplinary committees of their respective universities for a decision on their possible expulsion from university. These committees are reported to keep files on students relating mainly to the students' political activity and religious behaviour, on the basis of files kept by the Students Basij Organisation and the "Guard forces", which are said to be representatives of the Ministry of Information (intelligence) at universities. In this connection, the Special Rapporteur is concerned at reports that these files are used in the selection of public employees. (Paragraph 61) The Special Rapporteur was also informed that a number of students' organisations recently sent a open letter to the Secretary-General of the United Nations, in which they reported on the human rights situation in the country, in particular in relation to freedom of opinion and expression, trade union rights, women's rights, etc. Reports seem to indicate that those students who had signed the letter were later accused by the Prosecutor of Tehran of "creating disorder", "threatening the national security" and "insulting the Leader". It seems that the cases against these students have not yet been tried. However, there are fears that they will receive heavy sentences. (Paragraph 62) _______________________________________________________________________ UN Working Group on Arbitrary Detention Country visit: 15 Feburary – 27 February 2003 Justice reform: The judicial authorities recognise the need for reform and assert that reform is a central concern for them. The Working Group held a meeting with the Supreme Council for Judicial Reform, responsible for reform of the system of justice. The Council comprises judges and academics working on an ongoing basis to strengthen, according to our interlocutors, respect for human rights in the administration of justice and to bring the Iranian judicial system and legislation into line with international standards. Also according to our interlocutors, the legal and judicial systems of over 40 countries have been studied in preparing the proposed reforms. It is this council that formulates and has formulated draft legislation on reinstatement of the prosecution service, the system of juvenile justice and the application of alternative sentences instead of imprisonment. The Council is currently preparing a reform of criminal procedure. The Working Group has asked to be kept informed of this work and proposals for reform, but, to its great regret, has not always received the information promised. Information collected in situ nevertheless suggests that initiatives on some issues have begun, but, as one member of the Council emphasised, "it is not enough to reform laws, mentalities must change". Three examples will confirm this: Detention pending trial and visiting rights. In 2000 the Special Representative, (1) Mr. Copithorne, expressed particular regret that a circular by the head of the judiciary concerning the right to family visits was rarely applied. The point came up with most of the prisoners met. It seems that while the situation has somewhat improved in some institutions – at least for ordinary law prisoners - significant difficulties remain in the case of political prisoners, particularly those held in solitary confinement wings such as sector 209 in Evin prison. (2) Reform of the prosecution service. In receiving the Working Group, the head of the Tehran judiciary stated that the abolition of prosecutors seven years earlier had been a disaster for the administration of justice. An amendment to the Code of Criminal Procedure, voted by Parliament and approved by the Council of Guardians on 11 November 2002, has recently reinstituted the prosecution service. The amendment also provided for a merger of the prosecution function in ordinary courts and in revolutionary tribunals with the aim of ending various inconsistencies. As it is, the reform has begun to be applied in only three jurisdictions, including Tehran. (3) Reform of the Code of Criminal Procedure. The Working Group regrets that the draft text being prepared was not submitted to it. Information from members of the Supreme Council suggests that the draft would require the presence of a lawyer immediately after arrest, the right for the accused to remain silent, assertion of the exceptional nature of detention pending trial, proportionality between bail and the seriousness of the offence, increased use of alternatives to imprisonment, introduction of the concept of compensatory justice, access to legal aid for accused and victims and codification of the rules for the protection of victims. (Paragraph 34) _______________________________________________________________________ UN Special Rapporteur on the Human Rights Situation in Afghanistan Country visit: July 1999 Refugees: The Special Rapporteur also visited the Golshahr locality in Mashhad, which has one of the largest concentrations of Afghan refugees. There he visited a library in which both male and female students were interviewed, and also visited a centre at which girls were receiving computer training and training in other skills. The students and trainees made very strong appeals that they should not be asked or forced to be repatriated to Afghanistan unless conditions there changed so that they could expect to continue to receive education which, according to information they had, would be denied to them in Afghanistan, as would the prospect of employment (Paragraph 35) In Tehran, the Special Rapporteur met senior Iranian officials of the Ministry of Foreign Affairs and of BAFIA. He noted that the Islamic Republic of Iran had borne a substantial burden in coping with such a large refugee population for a period extending over 20 years. The Special Rapporteur pointed out that the refugees whom he had interviewed were strongly desirous of not being repatriated until conditions changed in Afghanistan, when they could feel personally secure and when women and girls did not have to live under severe legal restrictions which effectively denied to them access to employment, education and health facilities. Acute resource shortages are faced by institutions and programmes which are serving the refugee population in the Islamic Republic of Iran. A heart-rending example of this was the threat of closure faced by the kindergarten school for war orphans in Mashhad, run by Afghan women teachers who had not received salaries for six months. (Paragraph 36) Education: According to some reports, there has been some relaxation of the strict ban on female education imposed by previous edicts of the Taliban authorities. The strict ban on female education imposed by the Taliban authorities after their takeover of Kabul in 1996 appeared in some measure to be softening. Girls of up to high school age, it was reported, may attend informal schools that are private or funded by international organisations. Early in June, the supreme leader Mullah Omar issued an edict allowing access to mosque schools to young boys and girls. In Kabul, considered by the Taliban to be in direst need of "moral reform", the authorities kept a close watch on the officially sanctioned primary and secondary education for girls in mosque schools, and obstructed informal home tutoring. Many female teachers who were sacked from their jobs in the state schools after the Taliban takeover have attempted to teach girls in their homes. In Kabul, they must register with the Ministry for the Promotion of Virtue and the Prevention of Vice, which maintains a religious police force charged with enforcing the prescribed code of behaviour. In the countryside, far from the eyes of the religious police, families can set up home schooling for girls with the support of village elders and tribal leaders. International non-governmental organisations help to fund some of this informal education. (Paragraph 53) Pakistan football incident: On 18 July 2000, a Pakistani diplomat, Ibrar Hossain, speaking from the Consulate of Pakistan in Kandahar, stated to Reuters that visiting Pakistani soccer players, who had come to play football as members of the Young Afghan Football Club from Chaman in Pakistan, had been arrested for appearing on the football field in shorts. This had been considered to be a violation of the Islamic dress code enforced by the Taliban movement which forbids the wearing of shorts. The Taliban religious police arrested all but five of the players and shaved their heads. Five of the players managed to escape and seek refuge at the Consulate of Pakistan. The others were subsequently released and all returned home. The Taliban authorities apologised for the occurrence and reported that the person responsible had been removed from his post. (Paragraph 48) The relaxation of some of the restrictions referred to above and the apology that followed the incident in which Pakistani football players had their heads shaved, indicate the kinds of infringements of human rights that result from the edicts and dress codes enforced by the religious police. This force is composed of young militants who mete out punishment in a rough and ready manner without due process. The Taliban authorities need to understand that their obligations under international human rights instruments cannot be met, and violations cannot be justified, by invoking grounds based on subjective versions of religious or cultural prescriptions, many of which cannot be supported by authoritative religious texts, traditional Afghan practices or the practice of other Muslim countries. (Paragraph 59)
Please note that the language may have been edited in places for the purpose of clarity.
Miloon Kothari
(E/CN.4/2006/41/Add.2)
Report published: 21 March 2006
Yakin Ertürk
(E/CN.4/2006/61/Add.3)
Report published: 27 January 2006
Gabriela Rodríguez Pizarro
(E/CN.4/2005/85/Add.2)
Report published: 23 December 2004
Ambeyi Ligabo
(E/CN.4/2004/62/Add.2)
Report published: 12 January 2004
(E/CN.4/2004/3/Add.2)
Report published: 11 September 2003
Kamal Hossain
(A/55/346)
Report published: 30 August 2000