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Human rights situations and reports in Third committee of General Assembly of United Nations
Wed 27 11 2013

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United Nations A/C.3/68/L.57*
General Assembly Distr.: Limited
1 November 2013
Original: English
13-54492* (E) 111113
*1354492*
Sixty-eighth session
Third Committee
Agenda item 69 (c)
Promotion and protection of human rights: human
rights situations and reports of special rapporteurs
and representatives
Andorra, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech
Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary,
Iceland, Ireland, Israel, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg,
Malta, Micronesia (Federated States of), Netherlands, Norway, Palau, Panama,
Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, the former
Yugoslav Republic of Macedonia, Tuvalu, United Kingdom of Great Britain and
Northern Ireland and United States of America: draft resolution
Situation of human rights in the Islamic Republic of Iran
The General Assembly,
Guided by the Charter of the United Nations, as well as the Universal
Declaration of Human Rights, the International Covenants on Human Rights and
other international human rights instruments,
Recalling its previous resolutions on the situation of human rights in the Islamic
Republic of Iran, the most recent of which is resolution 67/182 of 20 December 2012,
1. Takes note of the report of the Secretary-General submitted in September
2013 pursuant to resolution 67/182,1 in which he notes that he remains deeply
troubled by ongoing human rights violations in the Islamic Republic of Iran, and the
report of the Special Rapporteur on the situation of human rights in the Islamic
Republic of Iran2 submitted in October 2013 pursuant to Human Rights Council
resolution 22/23 of 15 April 2013, in which the Special Rapporteur continues to
catalogue a wide range of systemic and systematic human rights violations;
2. Welcomes pledges made by the new President of the Islamic Republic of
Iran with regard to some important human rights issues, particularly on eliminating
discrimination against women and members of ethnic minorities and promoting
__________________
* Reissued for technical reasons on 11 November 2013.
1 A/68/377.
2 A/68/503.
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2/6 13-54492
freedom of expression and opinion, as well as the President’s proposal to implement
a civil rights charter, and encourages the Islamic Republic of Iran to take concrete
action to ensure that these pledges can result in demonstrable improvements as soon
as possible and to uphold the Government’s obligations under its domestic laws and
under international human rights law;
3. Also welcomes the peaceful conduct during voting in the June 2013
presidential elections and the broad participation of the Iranian people, while
expressing concern over the restrictions placed on candidates, including the
exclusion of all women candidates, and the further erosion of democratic space for
political activities prior to the elections;
4. Further welcomes the recent release of a number of prisoners of
conscience and political prisoners, and continues to call upon the Government of the
Islamic Republic of Iran to immediately and unconditionally release all those who
have been arbitrarily arrested and detained for exercising their rights to freedom of
religion or belief, freedom of expression and peaceful assembly or participating in
peaceful protests about political, economic, environmental or other issues;
5. Expresses deep concern at serious ongoing and recurring human rights
violations in the Islamic Republic of Iran relating to, inter alia:
(a) Torture and cruel, inhuman or degrading treatment or punishment,
including flogging and amputations;
(b) The continuing alarming high frequency of the carrying out of the death
penalty in the absence of internationally recognized safeguards, including public
executions, notwithstanding the issuance of a circular by the former head of the
judiciary prohibiting public executions, and secret group executions, as well as
reports of executions undertaken without the notification of the prisoner’s family
members or legal counsel;
(c) The continuing imposition and carrying out of the death penalty against
minors and persons who at the time of their offence were under the age of 18, in
violation of the obligations of the Islamic Republic of Iran under the Convention on
the Rights of the Child and the International Covenant on Civil and Political Rights;
(d) The imposition of the death penalty for crimes that lack a precise and
explicit definition, including moharebeh (enmity against God), and for crimes that
do not qualify as the most serious crimes, in violation of international law;
(e) Widespread and serious restrictions on the right to peaceful assembly,
freedom of association and freedom of opinion and expression, including through
efforts to block, filter or hinder Internet access and content, jam international
satellite transmission into the Islamic Republic of Iran and censor or close
newspapers, magazines and other publications, including in the lead-up to the June
2013 presidential election;
(f) The systematic targeting and harassment of human rights defenders, who
face arrest, arbitrary detention, long-term exile and harsh sentences, including the
death sentence;
(g) Pervasive gender inequality and violence against women and increased
discrimination against women and girls in law and in practice, as well as restrictions
on access to government decision-making positions and the labour market;
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13-54492 3/6
(h) Continued discrimination and other human rights violations, at times
amounting to persecution, against persons belonging to ethnic, linguistic or other
minorities, including, inter alia, Arabs, Azeris, Balochis and Kurds and their
defenders, noting in particular reports of the violent suppression and detention of
ethnic Arabs and Azeris, including serious concerns about violations of their due
process rights and alleged torture while imprisoned;
(i) Ongoing severe limitations and restrictions on the right to freedom of
thought, conscience, religion or belief and restrictions on the building of, as well as
attacks against, places of worship and burial;
(j) Continued harassment, at times amounting to persecution, and human
rights violations against persons belonging to recognized religious minorities,
including, inter alia, Christians, Jews, Sufi Muslims, Sunni Muslims and
Zoroastrians and their defenders, noting in particular the widespread arrest and
detention of Sufi Muslims and evangelical Christians, including the continued
detention of Christian pastors;
(k) Continued persecution and human rights violations against persons
belonging to unrecognized religious minorities, particularly members of the Baha’i
faith and their defenders, including targeted attacks and murders, without proper
investigation to hold those responsible accountable, arbitrary arrests and detention,
the restriction of access to higher education on the basis of religion, the continued
imprisonment of the leadership of the Iranian Baha’i community, the closure of
Baha’i-owned businesses and the de facto criminalization of membership in the
Baha’i faith;
(l) Continued and sustained house arrest of leading opposition figures from
the 2009 presidential elections and growing concerns about their health, as well as
ongoing restrictions on their supporters and family members, including through
harassment, intimidation and reprisals;
(m) Persistent failure to uphold due process of law, and violations of the
rights of detainees, including the widespread and systematic use of arbitrary
detention and enforced disappearance, the lack of access of detainees to legal
representation of their choice, the refusal to consider granting bail to detainees, the
poor conditions of prisons and the denial of access to adequate medical treatment, as
well as reports of detainees dying in custody, being subjected to torture, rape and
other forms of sexual violence, harsh interrogation techniques and the use of
pressure exerted upon their relatives and dependants, including through arrest, to
obtain false confessions that are then used at trials;
(n) Continuing arbitrary or unlawful interference by State authorities with
the privacy of individuals, in particular in relation to private homes, and with their
correspondence, including telephone and e-mail communications, in violation of
international law;
6. Calls upon the Government of the Islamic Republic of Iran to address the
substantive concerns highlighted in the reports of the Secretary-General and the
Special Rapporteur on the situation of human rights in the Islamic Republic of Iran,
as well as the specific calls to action found in previous resolutions of the General
Assembly, and to respect fully its human rights obligations, in law and in practice,
in particular:
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(a) To eliminate, in law and in practice, amputations, flogging, blinding and
other forms of torture and other cruel, inhuman or degrading treatment or
punishment;
(b) To abolish, in law and in practice, public executions and other executions
carried out in the absence of respect for internationally recognized safeguards,
including by stoning and suspension strangulation;
(c) To further revisit the revised Islamic Penal Code to make it consistent
with its obligation, under article 37 of the Convention on the Rights of the Child and
article 6 of the International Covenant on Civil and Political Rights, to abolish
executions of minors and persons who at the time of their offence were under the
age of 18;
(d) To eliminate, in law and in practice, all forms of discrimination and other
human rights violations against women and girls, to promote women’s participation
in decision-making positions, and, while recognizing the high enrolment of women
in all levels of education, to lift all restrictions on women’s equal access to all
aspects of university education;
(e) To eliminate, in law and in practice, all forms of discrimination and other
human rights violations against persons belonging to religious, ethnic, linguistic or
other minorities, recognized or otherwise;
(f) To eliminate discrimination against, and exclusion of, members of certain
groups, including members of the Baloch community and members of the Baha’i
faith, regarding access to higher education, to eliminate the criminalization of
efforts to provide higher education to Baha’i youth denied access to Iranian
universities and to release those imprisoned for this reason;
(g) To implement, inter alia, the 1996 report of the Special Rapporteur on
religious intolerance,3 in which he recommended ways in which the Islamic
Republic of Iran could emancipate the Baha’i community, to release the seven
Baha’i leaders held since 2008 and to accord all Baha’is, including those imprisoned
because of their beliefs, the due process of law and the rights that they are
constitutionally guaranteed;
(h) To launch a comprehensive accountability process in response to cases of
serious human rights violations, including those involving the Iranian judiciary and
security agencies, and to end impunity for such violations;
(i) To fulfil pledges by the new President for greater space for freedom of
expression and opinion by ending the harassment, intimidation and persecution of
political opponents, human rights defenders, women’s rights activists, labour
leaders, students, academics, filmmakers, journalists and their families, other media
representatives, bloggers, netizens, clerics, artists and lawyers, including by
releasing persons detained arbitrarily or on the basis of their political views, and in
this regard welcoming the reopening of the House of Cinema;
(j) To end restrictions on the press and media representatives, Internet users
and Internet providers, including the selective jamming of satellite broadcasts, that
violate the rights to freedom of expression and association;
__________________
3 E/CN.4/1996/95/Add.2.
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(k) To uphold, in law and in practice, procedural guarantees to ensure due
process of law;
7. Also calls upon the Government of the Islamic Republic of Iran to
strengthen its national human rights institutions in accordance with the principles
relating to the status of national institutions for the promotion and protection of
human rights (the Paris Principles), as it committed itself to doing in the framework
of its universal periodic review by the Human Rights Council;
8. Notes the recent engagement by the Islamic Republic of Iran with the
Committee on Economic, Social and Cultural Rights, recalls its previous
engagement with the Human Rights Committee, and calls upon the Government of
the Islamic Republic of Iran to consider acting upon the concluding observations
adopted by those committees;
9. Calls upon the Government of the Islamic Republic of Iran to effectively
implement its obligations under those human rights treaties to which it is already a
party, to withdraw any reservations it may have made upon signature or ratification
of other international human rights instruments where such reservations are overly
general, imprecise or could be considered incompatible with the object and purpose
of the treaty, to consider acting upon the concluding observations concerning the
Islamic Republic of Iran adopted by the bodies of the international human rights
treaties to which it is a party, and to consider ratifying or acceding to the
international human rights treaties to which it is not already a party;
10. Strongly encourages the Government of the Islamic Republic of Iran to
implement all of the recommendations that it accepted in the framework of its
universal periodic review by the Human Rights Council, with the full and genuine
participation of civil society and other stakeholders in the implementation process;
11. Expresses deep concern that, despite the standing invitation issued by the
Islamic Republic of Iran to all thematic special procedures mandate holders, it has
not fulfilled any requests from those special mechanisms to visit the country in eight
years and has left unanswered the vast majority of the numerous and repeated
communications from those special mechanisms, and strongly urges the Government
of the Islamic Republic of Iran to fully cooperate with the special mechanisms,
including facilitating their visits to its territory, so that credible and independent
investigations of all allegations of human rights violations can be conducted;
12. Expresses serious concern about allegations of reprisals against
individuals for their cooperation or contact with United Nations human rights
mechanisms or representatives;
13. Strongly encourages the thematic special procedures mandate holders to
pay particular attention to, with a view to investigating and reporting on, the human
rights situation in the Islamic Republic of Iran, in particular the Special Rapporteur
on extrajudicial, summary or arbitrary executions, the Special Rapporteur on torture
and other cruel, inhuman or degrading treatment or punishment, the Special
Rapporteur on the promotion and protection of the right to freedom of opinion and
expression, the Special Rapporteur on the rights to freedom of peaceful assembly
and of association, the Special Rapporteur on the situation of human rights
defenders, the Special Rapporteur on freedom of religion or belief, the Special
Rapporteur on the independence of judges and lawyers, the Special Rapporteur on
violence against women, its causes and consequences, the Special Rapporteur on the
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right to education, the Special Rapporteur on the promotion of truth, justice,
reparation, and guarantees of non-recurrence, the Independent Expert on minority
issues, the Working Group on Arbitrary Detention, the Working Group on Enforced
or Involuntary Disappearances and the Working Group on Discrimination against
Women in Law and in Practice;
14. Welcomes the recent engagement, through country visits, of the heads of
United Nations agencies, and urges the Government of the Islamic Republic of Iran
to deepen its engagement with United Nations human rights mechanisms;
15. Encourages the Government of the Islamic Republic of Iran to continue
exploring cooperation on human rights and justice reform with the United Nations,
including the Office of the United Nations High Commissioner for Human Rights;
16. Continues to call upon the Government of the Islamic Republic of Iran to
cooperate fully with the Special Rapporteur on the situation of human rights in the
Islamic Republic of Iran and other international human rights mechanisms,
including by responding positively to the request made by the Special Rapporteur in
July 2013 to visit the country to carry out his mandate;
17. Requests the Secretary-General to report to the General Assembly at its
sixty-ninth session on the progress made in the implementation of the present
resolution, including options and recommendations to improve its implementation,
and to submit an interim report to the Human Rights Council at its twenty-fifth
session;
18. Decides to continue its examination of the situation of human rights in
the Islamic Republic of Iran at its sixty-ninth session under the item entitled
“Promotion and protection of human rights”.




              


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