Nazila Ghanea teaches international human rights law at the University of Oxford.
100 days into his presidency, Iranian President Hassan Rohani delivered a partial result on the nuclear issue (see EJIL:Talk! discussion by Dan Joyner)and released his draft Charter of Citizens’ Rights (henceforth ‘the Charter’) on 26 November 2013. Though the Presidential website offers content in 7 languages including English, the draft Charter has only been made available in Persian.
It is reported that the President consulted religious elites, experts, activists and academics within Iran with regard to this draft Charter, but not the Iranian judiciary. Academics, thinkers, universities and others have been asked to send their comments on the draft Charter to the legal deputy of the Iranian President within a month so that it can be revised and a final version released. So what feedback can one give the President’s office on the draft Charter? What does the Charter add and which rights does it guarantee? Does it fulfill the President’s aim (see here) that citizens’ rights make “all Iranians feel they are part of one nation, one identity, under one umbrella they can feel proud of”?
The Charter itself announces that it will not have an effect on existing rights, laws and obligations or on international conventions (article 1.1). The Charter states that it declares the most important citizenship rights and the direction of the government’s human rights policy, but that it does not intend to create new rights or obligations (article 1.6). The importance of the Charter, therefore, lies in the fact that it is declaratory of the Islamic Republic of Iran’s understanding of the most important citizens’ rights that it will henceforth prioritise in its activities. Though it should not impact existing UN human rights obligations according to article 1.1, this ‘prioritisation’ suggests that there will be a notable impact on Iran’s future human rights compliance. This is underscored in the follow-up suggested within the Charter, for example that there will be three-monthly updates to the Presidency regarding activities concerned with advancing Charter rights (article 15). Such Charter activities may well overshadow action on other human rights obligations binding upon Iran and on recommendations stemming from international human bodies. Read the rest of this entry…