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IRAN ROOYAN: CIVIL SOCIETY FACT SHEET

CIVIL SOCIETY IN IRAN FACT SHEET

“I wonder how many young girls will die, while we document again

and again, each time with new partners and new organizations and

new sectors, the negative impact of the law on women’s lives. I am

not sure exactly how many young girls have to die, before we start

acknowledging the innovative work that women do with limited

resources in promoting women’s rights, before we start to strengthen

their efforts, and before those with some relative power, start to take

risks designed to move women’s issues back to the social realm, as

opposed to the security realm.” —Sussan Tahmasebi

Civil Society in Iran

Background

While the meaning of “civil society” has fluctuated throughout

history, at its core civil society is a social contract among a group of

individuals seeking to articulate and act upon a need, or void in

society. This void may exist in areas where the state has not acted, or

has acted contrary to the perceived welfare of the people. Whether it

concerns political rights, workers rights, religious rights, charity,

environmental issues, freedoms of speech and the press, women’s

rights, or all of the above, throughout history, issues of civil society

have changed according to the needs of a community at a specified

time and place. Tracing the developments within civil society in Iran

since the 1979 revolution, we see the ebb and flow of various groups

struggling to work towards greater advancement on these issues

within Iranian society.

After the Islamic Revolution of 1979, civil society emerged and

prospered for only a short time. By 1981, the government had begun

again to suppress the voices of its people working to be heard on

social issues. (State of Civil Society in Iran)

“Is it possible to carry the heavy

burden of being a teacher and be

responsible for spreading the seeds

of knowledge and still be silent? Is

it possible to see the lumps in the

throats of the students and witness

their thin and malnourished faces

and keep quiet? Is it possible to be

in the year of no justice and

fairness and fail to teach the H for

Hope and E for Equality, even if

such teachings land you in Evin

prison or result in your death?” –

Farzad Kamangar, teacher

executed on May 9, 2010

“We can certainly expect that every

lawyer who says too much or

accepts undesirable clients can

expect to wake up in the morning

and find that his license has been

revoked. Intellectuals will be

punished for their thoughts, and

will not be able to retain suitable

counsel because all the lawyers

with the courage to work on their

cases have been or will be

disbarred. Blacklisted politicians

will search for independent and

courageous lawyers, but will not be

able to find them. Even more

heart-wrenching is the situation of

people who confront serious

judicial proceedings but will have

no refuge.” –Bahman Keshavarz,

former chair of the Iranian Bar

Association, as written in the

Daily Etemad

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IRAN ROOYAN: CIVIL SOCIETY FACT SHEET

After the presidential elections of 1997, elected President

Mohammad Khatami created a more receptive environment for the

growth of civil society. His emphasis on the ‘rule of law’ during his two

terms in office allowed for the growth of public participation and

discourse. In his inaugural speech on August 4, 1997 he stated:

“Protecting the freedom of individuals and the rights of the nation…is

a necessity deriving from the dignity of man in the divine religion…It

requires provision of the necessary conditions for the realization of

the constitutional liberties, strengthening and expanding the

institutions of civil society…and preventing any violation of personal

integrity, rights and legal liberties…In a society well acquainted with

its rights and ruled by law, the rights and limits of the citizens are

recognized.” (Civil Society and the Rule of Law in the Constitutional

politics of Iran)

Thus, the period from 1997 through 2003 can be called the years of

“the establishment of civil society organizations” in post-revolution

Iran. (State of Civil Society in Iran). Many of the former restrictions on

the press, the media and the arts were removed. However, all of this

growth was also met with open opposition from the clerical elite. This

open opposition enabled various groups to come forward and voice

their positions in favor of civil society. Because of this open opposition

in the clerical elite, the dynamics of the discourse changed from one

to where questioning the principle of a theocratic government, once

taboo, was now out in the open.

With regard to the advancement of women’s issues during this

period, it is clear that women had become confident in their demands

to make changes to their status in society. However, the reality is that

women’s legal, political and cultural status did not change at all

during this period. Essentially, they found their voices in struggling to

be heard, however no one was listening with sufficient intent to make

any changes.

In 2003, the reformists in parliament lost their seats to the

conservatives. Subsequently the conservatives consolidated their

CIVIL SOCIETY STATISTICS

According to figures published by

Iran’s Statistical Centre, out of

6,914 NGOs in 2004:

• 53% were officially registered

and 47% were unregistered

• 3,620 NGOs addressed issues

such as children, human rights,

environment, youth, women and

charities

• Of these, the largest number of

NGOs were related to work with

the youth

• 2,959 NGOs were able to renew

their licenses in 2007 and continue

their work. This means that from

2004, roughly 3000 NGOs out of

roughly 7,000 were given licenses

to operate again 3 years later in

2007

• Unofficial statistics indicate that

there are 52,000 religious

organizations (religious

delegations, Islamic associations,

cultural and publicity centers) and

80,000 charities

• Finally, according to the Official

Report of the Community Based

Organizations at the Central

Supervisory Board, during the first

year of the current administration

in 2005, more than 90 NGOs lost

their licenses, for reasons not clear.

Also, after the 2009 elections, more

NGOs were shut down

These numbers fluctuate. It is

difficult to actually know what the

latest figures are because different

sources give different information.

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IRAN ROOYAN: CIVIL SOCIETY FACT SHEET

power and since that time, the price of civil society activism has increased. In 2005, Ahmadinejad’s

candidacy introduced a new, militant segment of society into politics. It is believed that this segment

became involved in order to stop and prevent further reform. The aging leadership among Iran’s

Revolutionary Guards Corps (IRGC) further made the transition to politics a logical next step. (Razzaghi –

Attack on Civil Society). Ahmadinejad’s cabinet included an unprecedented number of IRGC members.

This resulted in the government’s implementation of a security-based approach of dealing with civil

society. This approach has remained constant and is the dominant reaction of the current government

toward civil society in Iran. (State of Civil Society in Iran)

International Standards

International agreements protecting the human rights to freedom of assembly and association are

found in international conventions and treaties. These are binding upon countries that have ratified the

agreements. Binding treaties can be used to force governments to respect the treaty provisions. Non-

binding instruments, such as declarations and resolutions can also be used to identify potential future

customary law and play a role in influencing governments who care about their image abroad.

There are many international conventions, declarations and resolutions protecting the freedom of

association and assembly. Among them, Iran is a party to two pertinent Conventions:

The International Covenant on Civil and Political Rights (1966, articles 21, 22). This Convention

elaborates on the principles laid out in the Universal Declaration of Human Rights and is legally

binding on all states who have signed and ratified its provisions. Article 21 asserts: “The right of

peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right

other than those imposed in conformity with the law and which are necessary in a democratic

society in the interests of national security or public safety, public order, the protection of public

health or morals or the protection of the rights and freedoms of others.” Article 22 stipulates

"Everyone shall have the right to freedom of association with others, including the right to form and

join trade unions for the protection of his interests. No restrictions may be placed on the exercise of

this right other than those which are prescribed by law and which are necessary in a democratic

society in the interests of national security or public safety, public order the protection of public

health or morals or the protection of the rights and freedoms of others. This article shall not prevent

the imposition of lawful restrictions on members of the armed forces and of the police in their

exercise of this right.”

International Covenant on Economic, Social, and Cultural Rights (1966, article 8). This Convention

was adopted by the General Assembly in December 1966 and entered into force in 1976. It

elaborates the principles laid out in Universal Declaration of Human Rights and is legally binding on

all states who have signed and ratified its provisions. Article 8 guarantees trade union rights and in

particular the right of everyone to form trade unions; to establish national and international

federations; the rights of trade unions to function freely; and the right to strike.

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IRAN ROOYAN: CIVIL SOCIETY FACT SHEET

These Conventions are binding on the Islamic Republic of Iran.

Moreover, over 100 civil society activists and experts from around the world established a set of general

principles they believe should guide civil society law. A Statement in this regard was created from the

work of the Sixteenth Annual Johns Hopkins International Fellows in Philanthropy Conference held in

Nairobi Kenya in 2004. With regard to civil society formation and legal status, the Statement indicated

that:

“The right to form civil society organizations is a fundamental human right that belongs to individuals

and is not bestowed by government. This right derives from the basic rights to free speech and

association, which should be enshrined in the fundamental law of a country. As such, this right cannot

be conditioned on the consent of a public authority and cannot be subject to undue restrictions, such as

restrictive asset or membership requirements.” (Toward an Enabling Legal Environment for Civil Society,

Statement of the Sixteenth Annual Johns Hopkins International Fellows in Philanthropy Conference in

Nairobi, Kenya.

Current Iranian Law

Iran’s constitution provides for the freedom of association, assembly and belief in Articles 26, 27, and 23

respectively:

Article 26 [Freedom of Association]. The formation of parties, societies, political or professional

associations, as well as religious societies, whether Islamic or pertaining to one of the

recognized religious minorities, is permitted provided they do not violate the principles of

independence, freedom, national unity, the criteria of Islam, or the basis of the Islamic Republic.

No one may be prevented from participating in the aforementioned groups, or be compelled to

participate in them.

Article 27 [Freedom of Assembly]. Public gatherings and marches may be freely held, provided

arms are not carried and that they are not detrimental to the fundamental principles of Islam.

Article 23 [Freedom of Belief]. The investigation of individuals’ beliefs is forbidden, and no one

may be molested or taken to task simply for holding a certain belief.

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IRAN ROOYAN: CIVIL SOCIETY FACT SHEET

The Article 26 language permits formation of civil society groups within

the limitations of violating principles of independence, freedom,

national unity, the criteria of Islam, and the basis of the Islamic

Republic. The “criteria of Islam, and the basis of the Islamic Republic”

are not clearly defined and are subject to interpretation. To the extent

this language is further present in legislation, it creates an environment

where subjective, ad hoc policy decisions are made “on the street” by

policemen and judges when enforcing such vague laws. Citizens of Iran

who earnestly wish to comply with the law are often found in violation

of the law because of this lack of clarity in legislation. Law abiding

citizens do not know where they stand under the law in any given

circumstance of civil society activity. Furthermore, Article 13 of the

constitution indicates that the only “recognized religious minorities”

are Zoroastrians, Jews, and Christians, excluding members of the Baha’i

Faith representing the largest religious minority in the country.

Religions outside of the “recognized” religions do not have this

freedom.

Current Bill before Parliament: the Establishment and

Supervision of NGOs

According to Dutch NGO Arseh Sevom, current legislation under

consideration by Parliament entitled The Establishment and Supervision

of NGOs was first brought before Parliament in 2006 and subsequently

substantially revised in 2007.

Definition of NGOs. In the 2007 version, the definition of NGOs

has been revised and constructed narrowly requiring all NGOs

to comply with listed regulations and be established within the

framework of the constitution, and the “ideological and ethical

foundations of the Islamic Republic of Iran”. Again, compliance

with the law will be difficult if the standards are not clearly

articulated within the law. The “ideological and ethical

foundations of the Islamic Republic of Iran” are not clear for

citizenry and the effect will be to claim violations against

There are generally 2 types of

Civil Society organizations:

Community based organizations

(CBOs) and Non-governmental

organizations (NGOs).

1. CBOs provide numerous services

to the women of Iran

• They are a rich source of

knowledge and experience in

dealing with women and

community issues – especially

disadvantaged communities

• Many of these are charity

organizations providing numerous

services to women – including

financial, legal, and family services,

among others

• CBOs are known for the most

part to be very close knit to their

communities, receiving financial

support from the communities they

serve

2. Modern NGOs in Iran are more

likely than traditional CBOs to

utilize modern approaches, based

on research findings and best

international practices, in the

delivery of social services, advocacy

efforts, and public awareness

campaigns

• In the early 2000’s many

members of NGOs traveled abroad

for education and training with the

International Community

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IRAN ROOYAN: CIVIL SOCIETY FACT SHEET

existing NGOs and deny NGO status to others for reasons

unknown to those who seek to address the needs of society.

Definition of Humanitarian, deleted. The word “humanitarian”

was deleted in the revised 2007 bill, provision 4. In the

previous legislation, the term “humanitarian” was defined in

the context of NGOs as: “the activities that the ‘organization

carries on without attention to race, religion, gender, age, and

occupation, and with the aim of improving living conditions.”

This term often provided for the defense of the equality of

religions, ethnicities, and minorities. Iran’s largest religious

minority, members of the Bahia Faith, was previously defended

under this “humanitarian” provision by Iran’s leading human

rights center, the Defenders of Human Rights Center. This

Center was closed down in December 2008. Shirin Ebadi, 2003

Nobel Peace Prize laureate 2003 worked at the Center and was

subjected to regular and sustained harassment as a result of

her work.

NGOs must be “non-political”. Finally, any potential for

political activity within civil society has been effectively

abolished under the revised 2007 bill. NGOs must not be

engaged in any political activity or participate in any social and

political forums that may influence critical positions and

campaign in favor or against individuals and political

movements. Further, founding members and Board of

Directors of NGOs must not be affiliated with political parties,

organizations, and groups deemed illegal and hostile by

authorities.

Further, according to Arseh Sevom, the framework of the law appoints

a Supreme Committee, under the Ministry of the Interior, with the sole

power to regulate the affairs of civil society in the following ways:

Authority over the Boards of Directors of NGOs and the local

authorities designated to regulate the NGOs in their localities

IRAN ROOYAN’S TRANSFORMING

SOCIETY INITIATIVE SEEKS TO:

• Strengthen existing work being

done by organizations for women

in Iran

• Identify existing needs and

engage in collaborative assistance

with like-minded organizations in

Iran.

• Assist with capacity building,

NGO development, management

skills, education, and public

awareness and training materials

(i.e., HIV/AIDS, domestic violence,

drug abuse, trafficking)

• Highlight the work of women’s

NGOs both inside and outside Iran

in order to exchange and share

information on what is being done

elsewhere on similar issues of

concern to women

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IRAN ROOYAN: CIVIL SOCIETY FACT SHEET

Granted ultimate permitting and dissolution authority

Authority over all phases of NGO participation and cooperation in governmental and

nongovernmental projects

Authority over cooperation and contact with international organizations, agencies of the United

Nations, participation in seminars and conferences, and educational sessions abroad as well as

assembling for marches and demonstrations

Implications of Current Bill on Existing NGOs and New NGOs

If this bill passes, new organizations will go through a comprehensive process of approval by the

Ministry of Intelligence and the Supreme Committee. New NGOs that are not in line with the

government’s views may have their registration application rejected. Long-standing, existing NGOs will

undergo another approval process by the Supreme Committee.

Government Actions Against Civil Society

Since 2005, the government has taken a security-based approach to all sectors of civil society and

Iranian NGOs are operating under significant constraints. Particularly in the wake of the controversial

2009 presidential elections, numerous civil society groups have been subject to government

harassment, closure and arrests of staff and members. Even peaceful assembly is met with a security-

related government reaction.

There are numerous documented examples of Iran’s civil society abuses occurring in virtually all sectors

of society including: workers unions, teachers, human rights defenders, lawyers, physicians, women,

academicians, journalists, bloggers and writers. Here are some examples from the Arseh Sevom’s Attack

on Civil Society in Iran 2005-2010 Report:

Newspapers and other publications aligned with the reformist movement are routinely shut

down. Journalists and editors are detained and imprisoned. Travel bans are also used to prevent

active reformists and journalists from contacting the outside world. (Attack on Civil Society,

Report 2005-2010).

The Greater Tehran Bus Drivers Committee to form the independent union was attacked by

members of the company’s guards and security forces, among others at their inaugural meeting

in 2005. The leader of the union was nearly beaten to death and is currently incarcerated with

dangerous criminals.

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IRAN ROOYAN: CIVIL SOCIETY FACT SHEET

The leader of the baker’s union in Saqez was arrested in 2004 for organizing a May Day

demonstration. He was imprisoned for 5 years until being released on bail and a suspended

sentence in April 2009. Several of his supporters were harassed and lashed.

Haft Tapeh Sugar Manufacturing workers went on strike to protest unpaid wages after

collecting 1900 signatures in order to dismiss the Islamic Labor Council’s representation and

form a new union. Six were arrested several months later and two spent several months in

prison. All six were expelled from their jobs. They are currently without work or pay and facing

dire economic circumstances. Their lawyer was harassed and questioned. They were charged

with “propaganda against the government,” “spreading propaganda against the regime,”

“relations with the enemy” and “forming an illegal trade union.” Additionally, a journalist and

human rights activist who covered the plight of the workers and their union was handed an 11-

year sentence in April 2010. He was charged and found guilty of “spreading propaganda against

the regime through interviews with forging media.”

Jaras, an internet based news agency reported in February 2010 that the Iranian Revolutionary

Guard Council (IRGC) stepped up its arrests and harassment of human rights defenders focusing

particularly on members of the Defenders of Human Rights Center, Human rights Activists in

Iran, the Committee for Human Rights Reporters, and the One Million Signature Campaign.

According to reports, those arrested are under heavy pressure, made to present prepared texts

and to make false confessions.

An investigative journalist, Emad Baghi formed an organization to protect prisoner’s rights. He

was arrested in December 2009 and has since been held without charge. In November 2009 he

was prevented from traveling to Geneva to receive the Martin Ennals award for human rights

defenders.

Human rights lawyers have increasingly come under investigation during the Ahmadinejad

administration. They are often called in for interrogation, arrested, and forced into exile.

Professional organizations for attorneys and physicians are controlled by the State. Lawyers

barred from running for the bar association have no recourse to appeal. Qualification is in the

control of the state.

In 2009, a long-standing law providing the Iranian Bar Association the power to approve the

lawyers’ qualifications was changed. The power was transferred to the Judiciary, which answers

to the Supreme Leader. The Head of the Judiciary changed the bylaws in such a way that human

rights defenders and political critics could be barred from practicing law.

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IRAN ROOYAN: CIVIL SOCIETY FACT SHEET

After 16 years, the longest running women’s magazine Zanan

was shut down and refused a license to publish. The publisher

and staff of the magazine learned of the revocation with the

general public on Farsnews stating that “An informed source,”

stated that it was a “threat to the psychological security of the

society” and displayed the situation of women in the Islamic

Republic in a “somber light.”

The One Million Signatures Campaign has been collecting

signatures on a petition to change the law in Iran so women

will be equal on the scales of justice. Many have been

detained, imprisoned, and forbidden from travel. They have

been subjected to long suspended sentences, which required

regular check-ins with Intelligence officers.

The government’s security fears toward any perceived

accumulation of power resulted in the dissolution of the

Network of Non-Governmental Houses in more than 30

provinces from 2009 -2010. The right to assemble even for

environmental issues is denied for the same reason.

There are many more incidents that occur and have occurred that

remain unreported and undocumented.

Conclusion

Civil society has often been a tool to guard against tyranny. A strong

rule of law and civil society facilitate wider degrees of transparency,

equality, and a diversity of ideas, allowing for the advancement and

well being of society. Where a huge gap between government and

society exists, there is fear on both sides and therefore, a weak

foundation on which to build a secure nation. The free exchange of

ideas among many sectors with clear, independent voices contributes

to the advancement of any society. As the civil society of Iran declines

so will the welfare and the spirit of its people.

SOURCES

1. Arjomand, Said Amir. “Civil Society

and the Rule of Law in the

Constitutional Politics of Iran Under

Khatami.” Iran Chamber Society. 2000.

http://www.iranchamber.com/govern

ment/articles/civil_society_politics_ira

n_khatami.php

2. Arseh Sevom. “Arseh Sevom Peace

Democracy, Human Rights. “ “Attack on

Civil Society In Iran Report 2005-

2010.” 21 September 2010. Arseh

Sevom.

http://www.arsehsevom.net/2010/06/

report-attack-on-civil-society-in-iran/

3. Arseh Sevom. “Arseh Sevom Peace

Democracy, Human Rights.” Iran:

Legalizing the Murder of Civil Society.

Arseh Sevom. 30 November 2010.

http://www.arsehsevom.net/2010/11/

legalizing-the-murder-of-civil-society/

4. Human Rights Education Associates.

http://www.hrea.org/index.php?doc_id

=406#instruments

5. Razzaghi, Sohrab. “Arseh Sevom

Peace, Democracy, Human Rights.”

State of Civil Society in Iran. 25

October 2010. Arseh Sevom.

http://www.arsehsevom.net/2010/10/

state-of-civil-society-in-iran/

6. Tahmasebi, Sussan, “The

Innovations of Women’s Organizations:

Lessons Lost From the Forbidden and

Impossible to a Movement for Women’s

Legal Rights.” WUNRN. 28 November

2008

http://www.wunrn.com/news/2009/0

4_09/04_27_09/042709_iran3.htm

“Toward an Enabling Legal

Environment for Civil Society.”

Statement of the Sixteenth Annual

Johns Hopkins International Fellows in

Philanthropy Conference in Nairobi,

Kenya. ICNL. 1 November 2005.

International Journal of Not-for-Profit

Law, Volume 8, Issue.

http://www.icnl.org/knowledge/ijnl/v

ol8iss1/special_1.htm