The Iranian Constitution

G: “At times it is as dreary as a council meeting and at times astoundingly revelatory.

More than anything, it flips my mental image of Iran as a medieval society with religious laws.

To understand it, I think we need to forget about Islam as we think of it for a second.

Imagine yourself to be inhabitants living in a country you feel is not about yourself. It is basically land owned by foreigners who exercise control through an elite. Fair is fair, they work on modernising the country, but ownership is not to be challenged.

Many try to challenge the status quo, but not only fail, they are dealt with in a harsh and disproportionate manner.

Socialism alone seems to fail at uniting the workers let alone the entire people. The masses are different from those places where the books on revolution were written.

Then in the villages and between people you note how their old ways still commands a feeling of right and wrong, of good and bad behaviour. Allow yourself to see the world through this old lens, and you can see that things are wrong. More than that: It is said that unlike our modern cynicism, the good may actually prevail and the bad be punished. What if the lawless people are not really the winners after all? What if in the end the righteous can prevail - but only if they can see themselves as righteous.”

Gerald had started before anybody had realised it was a speech.

C: “Faith can move mountains?”

M: “No. That’s how we tend to think of it. It’s a platitude. A placebo may be a better word, although still trite and naive: Even something as benign as not holding back but instead throwing yourself into the battle with no reservations can make a substantial difference. Conviction helps with that. Clarity.”

G: “Conscious is the word they seem to prefer:”

IRAN CONSTITUTION 1979 - ISLAMIC GOVERNMENT

But the people, aroused, conscious, and resolute under the decisive and unfaltering leadership of the Imam, embarked on a triumphant, unified, comprehensive, and countrywide uprising.

M: “Yes, exactly like that. We may disregard such flowering descriptions but only to our own disadvantage. As description of the experience of the Islamist leaders, they are probably authentic and express a notion of what is happening.”

G: “What I am trying to say is that you should think of it as lifeblood pouring into the veins of society. The clergy took control of the revolution, true. But people like Shariati lead and represented a scholarly depth that Miranda has shown to be absolutely postmodern.

I can say the same thing about their constitution. No, I do not get the impression that the republic is a thin veil over religion. Rather it is like they try to fight falling into a trap again. The authors, who may differ in outlook from the people at large, are working to set up safeguards to avoid colonialisation even in lieu of a full fledged government with the usual checks and balances.”

In the opinion of the Tony Blair Institute

C: “When I read about the revolution on the Tony Blair Institute they present the invention of the republic as like his:”

HOW 1979 CHANGED THE WORLD - TONY BLAIR INSTITUTE FOR GLOBAL CHANGE

The revolution does not exist to perfect the state; the state — the republic — is simply a means to support and perfect the revolution. Where the two conflict, the revolution is prioritised. This distinction has also been missed by Iranian political actors, anxious as they have been—often with sincerity—to promote the institutions of the republic and the idea of Islamic democracy.

G: “Tony Blair institute? I’m surprised they find Iran sympathetic.”

C: “No, you misread: Revolution is not a good word in their vocabulary. It is a bad word.”

HOW 1979 CHANGED THE WORLD - TONY BLAIR INSTITUTE FOR GLOBAL CHANGE

It should never be forgotten that the supreme leader is the leader of the revolution, not of the republic, and that the Islamic Revolutionary Guards Corps (IRGC) is sworn to defend the purity of the revolution from enemies both within and without.

Both these institutions grew in prominence and power under President Mahmoud Ahmadinejad when this hard-line core ideology finally came into prominent relief. Indeed, the Green Movement protests against the 2009 Iranian presidential election results were a rude awakening to many Iranians who had believed the revolution was about political emancipation, when it was abruptly announced that obedience to the supreme leader and his appointees was the equivalent of obedience to God. No modern Iranian monarch could have made such a claim.

G: “Okay. Yes, I can certainly see how they must feel. First, let’s get the IRGC out of the way:”

IRAN CONSTITUTION 1979 - ARTICLE 150 - ISLAMIC REVOLUTION GUARDS CORPS

The Islamic Revolution Guards Corps, organized in the early days of the triumph of the Revolution, is to be maintained so that it may continue in its role of guarding the Revolution and its achievements.

The scope of the duties of this Corps, and its areas of responsibility, in relation to the duties and areas of responsibility of the other Armed Forces, are to be determined by law with emphasis on brotherly cooperation and harmony among them.

M: “Yes, the revolution. Tony Blair Institution does us a disservice when they equate pro-revolution with obedience to leadership.

What really is going on is that the atlanticists simply don’t have any ideological weapons that they can mount against neither socialist, communist or Islamists. All they can do is try to find instances where the system breaks down. Given the enormous pressure on Iran, that shouldn’t be hard to do.

When I speak of ideology, I mean exactly what Gerald mentioned before: The ability to rally people to the streets. Is that a good thing or a bad thing? An utterly meaningless question.

One moment we praise the rising political awareness of a people in what we perceive to be an autocratic country. The next we condemn their revolution if it hangs on to the ideology that gave them the strength to topple a government.

It is our liberal anti-ideology at play here. We bet on plurality in the sense that nobody can agree on anything. All the best societies we have known, we believe to suffer from a benevolent disagreement.”

C: “Right. People are allowed to topple a regime who believes in something as long as they do not themselves believe in one specific thing.”

M: “Very much so. But usually it is shared belief which brings about order and organisation. These in turn are the keys to real pressure on the establishment.”

C: “And that is why we have NED, USAID and grassroots organisations that can help you establish a pluralistic and non-ideological force on the streets.”

M: “You got it. And of course it is exactly this kind of thinking that ends up looking like the dreaded imperialist covert operations aimed at fracturing people’s resistance.”

G: “For completeness’ sake and for my own, I want to add that probably the author of the article is also quite authentic in rendering a grim picture of the ruling society as a dark cave out of whose mouth a constant swarm emerges from the darkness of Islamic religion.”

M: “That’s my objection. Had he endeavoured to answer the question “What kind of islamic revolutionary would I have been” then he would have understood better.”

G: “I think articles like the one you have there fail utterly at trying to establish an insight into the incentives and ambitions of any movement. Talking about them like their hearts are blackened may feel good when they get it off their chests, but they hardly convince anybody with a need to know what the hell is going on in that country.

The authors of the revolution ultimately distrusts parliamentary processes. They set up a parallel system rooted in devotion, Islamic insight to add principles in decisions which outweighs the shortcomings of secular thinking. In their own head, that is.”

M: “You can’t just decide one day that a grave injustice engulfs the world, so grave that you dedicate your life to the goal of eradicating it. The next day, you make other plans. It is exactly this sense of unfinished fight against oppression which yields strength.”

C: “So, they are living a dream? In the end, it’s a lack of identity? Now they feel purpose? I reject that as an explanation.”

G: “Yes, they are living a dream of taking their world back. Is that the same as living a dream because your life lacks direction and meaning? Just the contrary. If you have to take time away from your own life to fight together with others, it’s the opposite.”

M: “Living a dream of a better future is not the same is lacking identity. I admit that in today’s rhetorical climate the former is often followed by the latter, but just because weak writers psychologises a political issue doesn’t mean it isn’t political rather than psychological. It just means a weak writer made a shortcut.”

The revolution - what it hoped for.

G: “Christine, what would Blair Institute say was the reason for the revolution?”

C: “They don’t. Closest thing is:”

HOW 1979 CHANGED THE WORLD - TONY BLAIR INSTITUTE FOR GLOBAL CHANGE

Today it is often forgotten that the revolution was not originally aimed at producing an Islamic theocracy.

What became the Islamic Revolution in Iran was initiated not solely by an Islamist movement but by a coalition of interest groups united against the shah. The Islamists loyal to Khomeini were a part of a wider coalition, which included secular liberals, nationalists, communists and Islamist-Marxists.

Shared antipathy towards the shah was the glue that held these competing ideologies together. That said, signs of how far the pro-Khomeinists were prepared to go to achieve their ideological ambitions could be seen as early as August 1978, when they set fire to Cinema Rex in southwestern city of Abadan to protest against the Westernisation of Iran, killing 480 people.

G: “Okay. Nice. The revolution hoped to kill a lot of people. That’s not what they say, but it is the connection they draw.

Chapter 1 - General principles

Let me list a few things from the institution. First of all, yes, no two ways about it:”

ARTICLE 1 [FORM OF GOVERNMENT] The form of government of Iran is that of an Islamic Republic

ARTICLE 2 [FOUNDATIONAL PRINCIPLES] The Islamic Republic is a system based on belief in: ● One God ● Divine revelation ● the return to God in the Hereafter

G: “… etc. This is as far as any Westerner will get. But even before that article ends, we see…”

ARTICLE 2 [FOUNDATIONAL PRINCIPLES]

… ● he [the One God] exalted dignity and value of man, and his freedom coupled with responsibility before God […] ● negation of all forms of oppression, both the infliction of and the submission to it,

C: “So Blair Institute got the part right about perpetual revolution?”

G: “Yes, and they managed to take out all the colours of the world view. Is Khomeini just an ordinary religious conservative? Not according to himself, I suppose.”

ARTICLE 5 [OFFICE OF RELIGIOUS LEADER]

During the occultation of the Wali al-'Asr (may God hasten his reappearance), the leadership of the Ummah devolve upon the just and pious person, who is fully aware of the circumstances of his age, courageous, resourceful, and possessed of administrative ability, will assume the responsibilities of this office in accordance with Article 107.

G: “And the procedure of electing this person is not much different than electing a pope:”

ARTICLE 107 [RELIGIOUS LEADER]

(1) After the demise of Imam Khumayni, the task of appointing the Leader shall be vested with the experts elected by the people.

[…]

(2) The Leader is equal with the rest of the people of the country in the eyes of law.

ARTICLE 109 [LEADERSHIP QUALIFICATIONS]

(1) Following are the essential qualifications and conditions for the Leader: a. Scholarship, […] b. Justice and piety, […] c. Right political and social perspicacity, prudence, courage […]

ARTICLE 111 [LEADERSHIP COUNCIL]

In the event of the death, or resignation or dismissal of the Leader, the experts shall take steps within the shortest possible time for the appointment of the new Leader. Until the appointment of the new Leader, a council consisting of the President, head of the judiciary power, and a religious men from the Guardian Council, upon the decision of the Nation's Exigency Council, shall temporarily take over all the duties of the Leader.

C: “Okay. At least that speaks against our fixation on the leader, as Blair Institute expresses it:”

HOW 1979 CHANGED THE WORLD - TONY BLAIR INSTITUTE FOR GLOBAL CHANGE

Indeed, the Green Movement protests against the 2009 Iranian presidential election results were a rude awakening to many Iranians who had believed the revolution was about political emancipation, when it was abruptly announced that obedience to the supreme leader and his appointees was the equivalent of obedience to God. No modern Iranian monarch could have made such a claim.

G: “Iranians could go and check their constitution. The leader in the eyes of the law is like the rest of us.”

M: “What we have taken out of the equation is that Iran has been a sanctioned society for decades. If our countries were under similar strain of dissolution, I find it more conceivable than most of our colleagues would do that the authorities might react both violently and with fundamentalist rhetoric.”

G: “See this is probably where I disagree. We have it in our blood that if the people want otherwise, we will have to leave office and hand over the baton.”

M: “Oh, I’m talking about what we would do facing the possibility that our beloved system might not withstand external pressure. Systemic pressure is a different beast. We cannot curtail freedoms, and hence we can only be innocent bystanders as something else creeps into our culture. I can at say that violence on the streets will escalate as indeed it has done in Western societies.”

G: “At any rate, finishing my thoughts on religion, we have:”

ARTICLE 11 [UNITY OF ISLAM PRINCIPLE] In accordance with the sacred verse of the Koran “This your community is a single community, and I am your Lord, so worship Me” [21:92], all Muslims form a single nation, and the government of the Islamic Republic of Iran have the duty of formulating its general policies with a view to cultivating the friendship and unity of all Muslim peoples, and it must constantly strive to bring about the political, economic, and cultural unity of the Islamic world.

ARTICLE 12 [OFFICIAL RELIGION] The official religion of Iran is Islam and the Twelver Ja'fari school, and this principle will remain eternally immutable. Other Islamic schools are to be accorded full respect, and their followers are free to act in accordance with their own jurisprudence in performing their religious rites. These schools enjoy official status in matters pertaining to religious education, affairs of personal status (marriage, divorce, inheritance, and wills) and related litigation in courts of law. In regions of the country where Muslims following any one of these schools constitute the majority, local regulations, within the bounds of the jurisdiction of local councils, are to be in accordance with the respective school, without infringing upon the rights of the followers of other schools.

ARTICLE 13 [RECOGNIZED RELIGIOUS MINORITIES] Zoroastrian, Jewish, and Christian Iranians are the only recognized religious minorities, who, within the limits of the law, are free to perform their religious rites and ceremonies, and to act according to their own canon in matters of personal affairs and religious education.

C: “So, limited freedom of religion?”

G: “At least on paper. Article 14 is also of some interest in this regard:”

ARTICLE 14 [NON-MUSLIMS’ RIGHTS] In accordance with the sacred verse “God does not forbid you to deal kindly and justly with those who have not fought against you because of your religion and who have not expelled you from your homes” [60:8], the government of the Islamic Republic of Iran and all Muslims are duty-bound to treat non-Muslims in conformity with ethical norms and the principles of Islamic justice and equity, and to respect their human rights. This principle applies to all who refrain from engaging in conspiracy or activity against Islam and the Islamic Republic of Iran.

M: “Two things. First, you can clearly smell the notion that the revolution is still active and is built into the framework. Second that this is one huge counter-reaction to a feeling of having your personal integrity infringed under the USA controlled Shah. Perhaps we are underestimating the discontent of the common man.”

G: “Yes. Those Blair folks have at least understood the importance of revolution in the whole project. But they fail to see it as the people rising up. If they had read the constitution they would have clearly felt how much dignity restored through Quranic mandated self respect matters.”

Chapter 3 - The Rights of the People

C: “What about the good parts?”

G: “Hmm?”

C: “You said the constitution looked surprisingly modern.”

G: “Plenty of things we should recognise:”

ARTICLE 19 [NO DISCRIMINATION, NO PRIVILEGES] All people of Iran, whatever the ethnic group or tribe to which they belong, enjoy equal rights; color, race, language, and the like, do not bestow any privilege.

ARTICLE 20 [EQUALITY BEFORE LAW] All citizens of the country, both men and women, equally enjoy the protection of the law and enjoy all human, political, economic, social, and cultural rights, in conformity with Islamic criteria.

ARTICLE 21 [WOMEN’S RIGHTS] The government must ensure the rights of women in all respects, in conformity with Islamic criteria, […] the protection of mothers […] the provision of special insurance for widows, aged women, and women without support;

ARTICLE 22 [HUMAN DIGNITY AND RIGHTS] The dignity, life, property, rights, residence, and occupation of the individual are inviolate, except in cases sanctioned by law.

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.

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.

G: “And on and on… Education, jobs, residence. This is a social welfare project if there ever was one. To them decency, respect and self-esteem springs out of their religion.”

M: “Which makes one wonder: Why all the talk about regaining self respect? Shariati also follows that trajectory. In their own words it stems from Islam attaching dignity to every human being. The revolutionary project is the religious project and vice versa.”

G: “But remember, all good intentions aside, we cannot deny ruthlessness on the part of the government. Not everybody wanted an Islamic revolution. Some just wanted a change. And the constitution leaves very little room for understanding against anyone who disagrees with the purpose of the revolution.”

M: “I am only asking that we speak the core language necessary to become these people.”

Chapter 5 - The Right of National Sovereignty

Gerald wanted to finish.

G: “All the chapters on division of power between executive, judiciary and legislative is as far as I can see standard stuff. Do note, though, that they derive the freedom of man from religion.”

ARTICLE 56 [DIVINE RIGHT OF SOVEREIGNTY] Absolute sovereignty over the world and man belongs to God, and it is He Who has made man master of his own social destiny. No one can deprive man of this divine right, nor subordinate it to the vested interests of a particular individual or group. The people are to exercise this divine right in the manner specified in the following articles.

ARTICLE 57 [SEPARATION OF POWERS] The powers of government in the Islamic Republic are vested in the legislature, the judiciary, and the executive powers, functioning under the supervision of the absolute religious Leader and the Leadership of the Ummah, in accordance with the forthcoming articles of this Constitution. These powers are independent of each other.

C: “In other words, Khamenei only repeated article 57 when he according to our Blair Institute article said the people must obey their leader and his henchmen?”

M: “Well, the article stressed obedience. We shouldn’t be blind to the fact that they invoke an image that immediately strikes us as horrid: Demanding obedience. The words invokes images of sadism, punishment and all that.

What I do find interesting is how the Ayatollah seems to fight social influence as much as any Westerner.”

G: “Yes, he really is human after all. Really, he is an elder, a scholar trying to make sense of the world and see the broader phenomena in contemporary developments and hold that up against their religion.

Anyway, continuing…”

ARTICLE 58 [LEGISLATURE] The functions of the legislature are to be exercised through the Islamic Consultative Assembly, consisting of the elected representatives of the people. Legislation approved by this body, after going through the stages specified in the articles below, is communicated to the executive and the judiciary for implementation.

ARTICLE 59 [MANDATORY REFERENDUM] In extremely important economic, political, social, and cultural matters, the functions of the legislature may be exercised through direct recourse to popular vote through a referendum. Any request for such direct recourse to public opinion must be approved by two-thirds of the members of the Islamic Consultative Assembly.

ARTICLE 60 [EXECUTIVE] The functions of the executive, except in the matters that are directly placed under the jurisdiction of the Leadership by the Constitution, are to be exercised by the President and the Ministers.

ARTICLE 61 [JUDICIARY] The functions of the judiciary are to be performed by courts of justice, which are to be formed in accordance with the criteria of Islam, and are vested with the authority to examine and settle lawsuits, protect the rights of the public, dispense and enact justice, and implement the Divine limits.

G: “Everywhere replace “the leader” with ombudsman or similar function, and you have our safeguard systems. People miss that too easily. These principles were forged when religion worked as something to gather the nation together.”

M: “Think of the prevalence of church ministers in the civil rights movement.”

C: “But you also bake into the system a terrible danger of it developing into dogma.”

Chapter 10 - Foreign Policy

G: “The last chapter I want to mention is one that extremely well shows the whole purpose of the revolution.”

ARTICLE 152 [PRINCIPLES] The foreign policy of the Islamic Republic of Iran is based upon the rejection of all forms of domination, both the exertion of it and submission to it, the preservation of the independence of the country in all respects and its territorial integrity, the defence of the rights of all Muslims, nonalignment with respect to the hegemonist superpowers, and the maintenance of mutually peaceful relations with all non-belligerent States.

ARTICLE 153 [NO FOREIGN CONTROL] Any form of agreement resulting in foreign control over the natural resources, economy, army, or culture of the country, as well as other aspects of the national life, is forbidden.

ARTICLE 154 [INDEPENDENCE, SUPPORT OF JUST STRUGGLES] The Islamic Republic of Iran has as its ideal human felicity throughout human society, and considers the attainment of independence, freedom, and rule of justice and truth to be the right of all people of the world. Accordingly, while scrupulously refraining from all forms of interference in the internal affairs of other nations, it supports the just struggles of the freedom fighters against the oppressors in every corner of the globe.

ARTICLE 155 [ASYLUM] The government of the Islamic Republic of Iran may grant political asylum to those who seek it unless they are regarded as traitors and saboteurs according to the laws of Iran.

G: “If I have a gripe against Western journalism, it is clearly that they leave out the horizon of the Iranian project. Personally I still don’t believe in it. I reject it just as much as I reject Western liberal foundationalism - liberalism as a creed. I’m a pragmatic.”

C: “I’m more of a dreamer, and I can certainly see the dream in all things pertaining to the revolution. But now I suppose I am more scared of dreams than fond of them.”

They looked at Miranda who looked befuddled.

M: “I don’t know! I have analysed people all my life… I don’t know what I like. My garden?”

/ПРИЗРАК