ایرانی جدا دین و مردم سالار (سکولار دموکرات) بر مبنای بیانیه جهانی حقوق بشر
Interim Constitution of the Secular Republic of Iran
Introduction:While respecting the efforts of the united democratic forces of the opposition and the "green" movement, it is up to the democratic seculars - especially the younger generations - to assume the historical role that is bestowed upon them and to take a more proactive role or as the consequence of lack of such organization and leadership, one more time allow our nation to face future set-backs.
Envisioning and organizing around the alternative of a free and secular republic is exactly what the Iranians need at this historical juncture. Without such visions, discussions, joint interactions and group formations it is nearly impossible to anticipate any effective path that can lead to a lasting, democratic and secular alternative.The following proposed 4th draft of a secular republic constitution in not presumed to be flawless or final but it is a starting attempt toward a scripted outline for a free and democratic future in Iran and it can serve as an intermediate constitution after the fall of the Islamic Republic and a bridge from 31 years of theocratic dictatorship to a secular democracy. Once a democratic environment representative of The People is achieved, any possible flaws in the text of this constitution will be discussed openly and freely by the people and their true representatives until a final constitution is eventually drafted.
However in order to allow a smooth transition, it is of utmost importance that in the crucial transition period; order and principals of democracy and free speech are observed. Otherwise lacking any structure and democratic rules in place and in a vacuum of power often those who do not have the best interest of the People may once again take control of the affairs of the nation. The Iranian revolutions of 1906 and 1979 as well as experiences of other developing countries of Middle East and the world are proofs that in political vacuums usually the organized religious and ideological forces take over. Therefore it is of utmost importance to be prepared with implementation of interim democratic laws and a constitution that does not allow religious, ideological and autonomic control of the country’s future governments.
Reviewing the: Monarchy and Islamic Republic constitutions one can trace their two common denominators in to two sections:
1- The articles and clauses that attempted to transfer the power to The People.
2- The articles and clauses that attempted to have the clergy and /or Royals control people’s destiny or decisions.
Reviewing history and the two Iranian revolutions of 1906 and 1979; despite the Royal and Religious influences which twisted the drafts of the two resulting constitutions, one still can easily read the demands and hear the voices and cries for freedom and democracy within their texts and words and can the bloods that were spilled to form such words and at the same time feel the terror and the deceit that are buried among the pages of the two documents by the elitist whose intention was to control the power. Putting aside the influence and the power of the Shia Clergy in both constitutions and their ultimate say over the laws of the nation, one cannot deny the evolutionary trend from the ultimate Monarchy to constitutional Monarchy in 1906 to a Republic in 1979 within the past 100+ years of Iranian history. However neither of the two constitutions being secular; they could not and still cannot represent the needs of Iran and Iranians today.
The prior constitutions of Iran were partially shaped after the constitutions of other countries but at this stage since many articles of prior constitutions have already been tested, instead of revamping the whole existing structure which usually end up in chaos and abuse by those who seek power in a vacuum, it is best that the future revised interim constitution remove the undemocratic centers of power and instead install democratic means of representation and reform the rest of the working systems of the country as outlined in the secular constitution.
The next evolutionary step for Iranians in their political progress is to completely separate religion from the state and therefore create a secular constitution. Another important step is to remove elitism of any kind due to hierarchy by religion, family or other preferential status; as in future constitution all the People are equal in the eyes of the law and no one shall be given more rights than others.
In this evolutionary path and as a first step, this draft attempts to revise the existing constitution of Iran from an Islamic Republic to a secular republic, but in addition to deletions of many of its parts such as Supreme Leader, Guardian Council and all of its religion based centers and articles, in many other areas the words and sentences were changed, edited, revised, deleted and many new articles, sentences and words were added to comply with the goals that are stated in the preamble to the secular constitution.
Here are some areas that the resulting constitution may lack or need improvement:
Although the following secular constitution provides means for election of provincial councils and governors, however it does come short of determination of internal affairs of each province. The secular constitution same as it the previous two constitution does not address potential Federalism which will need to be discussed in future and if necessary put in to provincial referendums. It is important to note that if Iran ends up to be a Federal government, all the provinces and states, their governors and councils remain to be secular in internal affairs and fully committed to the territorial integrity and the constitution of the Federal government.
Note: Here are few important suggestions to the readers:
- Preamble of the constitution is important in understanding its overall intent. Reading the constitution in its entirety is also important before drawing any conclusions because some areas of concern in one article may have been addressed at a different section.
- If the reader does not believe in a system of republic for future Iran, s/he still can find many common areas of interest, however as opposed to other forms of government which all in one way or another force an exclusivity over other, a secular republic is the only alternative that is inclusive and encumbrance of other democratic views and possibilities.
4th DRAFT of the
Interim Constitution of the Secular Republic of Iran
We the people of Iran believe in the following principals:
We are one nation comprised of different regions, religions, cultures and languages. We proudly believe in and defend the territorial integrity of our ancient country Iran. Our government of the people shall not compromise the territorial integrity of our country.
We determine our own destiny independently. Our country shall remain independent of any foreign forces. Our government of the people shall maintain our independence free of any foreign influences and controls. We the people of Iran and our government shall respect the independence and integrity of other countries and shall not engage in internal affairs of other nations. Our government shall promote peace with all nations and countries of the world.
Separation of Religion and State:
We the people of Iran mutually respect our different religions and personal beliefs. Our government of the people will remain separate from any religious institutions and influences and shall not promote or oppose any specific religions or personal beliefs.
Freedom of Expression and Information:
We the people of Iran have the right to openly express our views and opinions. Our government of the people shall be transparent and provide all safety and securities for open and free exchange of views, opinions and it may not violate the rights to freedom of expression and information under any pretext or circumstances.
We the people of Iran, male and female are equal and have equal rights. Our government of the people shall provide all safety and securities to assure that gender equality is fully exercised and implemented
We the people of Iran respect human rights and our government of the people shall assure that the human rights of all Iranians are respected and defended and it shall not violate our human rights under any pretext. Our government of the people shall comply with the basic principals of Universal Declaration of Human Rights, International Covenant on Civil and Political Rights and the Convention on the Rights of the Child.
We the people of Iran and our government of the people, respect earth, air, water and our natural resources. We will not engage in those activities hazardous to our environment and our future generations and shall enforce policies to create a healthy environment presently and for years to come.
The form of government of Iran is that of a Secular Republic.
The Republic of Iran is a system based on beliefs in:
1. Territorial Integrity, Independence and Sovereignty of Iran.
2. Government of The People, By the People and For the People
3. Full separation of Religion and State at all levels without any exceptions
4. Freedom of Expression and Assembly
5. Justice and fairness in legislations
6. Implementation of the constitution and just laws
7. Gender Equality
8. Full guarantee and legal protection of human rights.
9. Conservation and improvement of environment
The government of Republic of Iran has the duty of directing all its resources to the following goals:
1. The creation of a favorable social and political environment for the achievement of the above principals.
2. Raising the level of public awareness of the above principals in all areas, through the proper use of the press, mass media, and other means;
3. Free education and physical training for everyone at all levels, and the facilitation and expansion of career training and higher education. All public educations shall be secular.
4. Strengthening the spirit of inquiry, investigation, and innovation in all areas of science, technology, and culture, by establishing research centers and encouraging researchers.
5. The complete elimination of religion at all levels of government affairs of the country;
6. The elimination of all forms of despotism and autocracy and all attempts to monopolize power;
7. Ensuring political and social freedoms within the frameworks of the law;
8. The participation of the entire people in determining their political, economic, social, and cultural destiny;
9. The abolition of all forms of undesirable discrimination and the provision of equitable opportunities for all, in both the material and intellectual spheres;
10. The creation of a correct administrative system and elimination of superfluous government organizations;
11. Strengthening of the foundations of national defense by means of voluntary military training for the sake of safeguarding the independence, sovereignty and the territorial integrity of Iran, maintaining and promoting peace with all nations and countries;
12. The planning of a just economic system, in order to eliminate poverty and abolish all forms of deprivation with respect to food, housing, work, health care, and the provision of social insurance for all;
13. The attainment of self-sufficiency in scientific, technological, industrial, agricultural, defense domains, and other similar spheres;
14. Securing the multifarious rights of all citizens, both women and men, and providing legal protection for all, as well as the equality of-all before the law;
15. Lack of intervention in the affairs of other nations except within the scope of coordination with the United Nations after approval by The People or their representatives.
16. Framing the internal and foreign policy of the country on the basis of peace with all nations of the world.
In the Secular Republic of Iran, the affairs of the country must be administered on the basis of public opinion expressed by the means of elections, including the election of the President, the representatives of the National Consultative Assembly (Parliament), members of Provincial Councils of Governors, Provincial, City, Region, District and Village Councils, Governors, Mayors and alike or by means of referenda in matters specified in other articles of this Constitution.
The Provincial Councils, the City, Region, District, and Village Councils and the likes of them - are the decision-making and administrative organs of the country. The nature of each of these councils, together with the manner of their formation, their jurisdiction, and scope of their duties and functions, is determined by the Constitution and laws derived from it.
In the Republic of Iran, the freedom, independence, unity, and territorial integrity of the country are inseparable from one another, and their preservation is the duty of the government and all individual citizens. No individual, group, or authority, has the right to infringe upon the independence or territorial integrity of Iran under the pretext of exercising freedom. Similarly, no authority has the right to abrogate legitimate freedoms, not even by enacting laws and regulations for that purpose, under the pretext of preserving the independence and territorial integrity of the country.
Laws, regulations, and pertinent programs must facilitate the formation of family, childcare and to safeguard the stability of family relations and children rights.
The government of Iran is secular and there shall be no official religions or ideologies. The government of Iran shall remain independent of any religious institutions and influences. Government shall not promote any specific religions, ideologies or personal beliefs. In order to secure the Separation of religion and the state, the secular constitution of Iran strictly prohibits participation of any religious based groups and parties in all local, regional, provincial and national institutions of the government. This would also extend to anyone who holds a religious title or leadership, clergy and alike. Religion and religious groups will have freedom to practice their religion peacefully. Individuals within the government may have personal religious preferences but they cannot enforce any religion based laws and restrictions.
Secular republic of Iran observes no official religions for the country. Secular in nature, everyone in Iran is treated the same, regardless of their religion or lack of it. All religions within the limits of the law and without limiting or violating the guaranteed individual and human rights within the constitution are free to perform their religious rights, and to act according to their own canon in matters of personal affairs. The individual and human rights as guaranteed by the constitution shall always prevail and take precedence over religious and ideological preferences and beliefs.
No armed militia or parties are allowed to run for public office, hold government positions or control any public financial resources unless they resign and disarm.
Chapter II The Official Language, Script, Calendar, and Flag of the Country
The official language and script of Iran is Persian. Official documents, correspondence, and texts, as well as text-books, must be in this language and script with the goal of minimizing the use of foreign words including Arabic. In addition to Persian, the right to use regional and tribal languages in the press and mass media, as well as teaching of their literature in schools shall be allowed and protected.
Article 12The official calendar of the country starts its year count , on the year of the declaration of human rights by King Cyrus the Great (539 B.C.) .Government offices will function according to the solar calendar with Iranian months starting the year on the first day of the spring (1st day of Farvardin) . The official weekly holiday is Friday.
The official flag of Iran is composed of green, white and red colors. The choice of a symbol in its center (if any) is to be determined.
Chapter III The Rights of the People
All the people of Iran, whatever ethnic group or tribe to which they belong, enjoy equal rights. Color, race, language, religion, gender and the like, do not bestow any privilege.
All citizens of the country, both men and women, equally enjoy the protection of the law and equally enjoy all human, political, economic, social, religious and cultural rights within the scopes of the constitution.
The government must ensure the rights of women in all respects and accomplish the following goals:
1. Protecting and promoting equal rights with men in all areas of individual, family, social and government.
2. The protection of mothers during pregnancy and childbearing, and the protection of children and their rights;
3. Establishing competent courts to protect and preserve the family and the legal rights of both parents.
4. The awarding of guardianship of children to qualified families, in order to protect the interests of the children, in the absence of a legal guardian.
The dignity, human life, property, rights, residence, and occupation of the individual must be protected by the government and the law and may not be violated.
The investigation of individuals’ beliefs is forbidden, and no one may be interrogated, taken to custody or imprisoned for holding a certain belief. There shall not be any prisoners of conscious or political prisoners.
Publications and the press have freedom of expression within the provisions of the law and their rights to express must be protected by government and the law.
Examination of the contents of, and non-delivery of , letters; recording and divulging of telephone conversations; disclosure of all forms of communications such as emails, telex facsimile, internet, communications; censorship, pruning or non-transmission of messages; tapping and bugging are all forbidden, except in criminal matters ordered by the law .
Political parties, societies, trade unions and religious associations may freely be formed within the scopes of law. No person may be prevented from joining, or compelled to join, one of the above.
Unarmed and peaceful assemblies, protests and marches may freely be organized, and permits must be issued by the government within 72 hours of application.
Every person is entitled to choose the employment s/he wishes, so long as it is not contrary to the rights of others. The Government is bound to create the possibility of obtaining employment and equal opportunities.
Every person is entitled to the enjoyment of Social Security. This covers retirement, unemployment, disability, being without a legal guardian, temporary disability, accidents, and occurrences; universal health services providing medical care and treatment and medicine through guaranteed public or private insurance. The Government is bound, in accordance with the laws, to use public revenues and the revenue drawn from individual contributions to provide the services and financial support mentioned above for every citizen and permanent resident of the country.
The Government is bound to make available, free of charge, secular educational facilities for all through high school and technical schools, and to expand free facilities for higher education and career training up to the limits of the country’s own needs and capacity.
Every Iranian individual and family is entitled to a dwelling appropriate to need.
No person may be arrested except according to and in the manner laid down in the law. If someone is detained, the subject matter of the charge, with reasons (for bringing it), must immediately be communicated and explained in writing to the accused. Within at most 24 hours the file on the case and preliminary documentation
must be referred to the competent legal authority. Legal procedures must be initiated as early as possible. Anyone infringing this principle will be punished in accordance with the law.
No person may be ousted from his residence, or forbidden to reside in the locality of his choice, or compelled to reside in a particular locality, unless prescribes by the law.
To ask for justice is the undeniable right of every individual. Everyone must be referred to the competent courts in search of justice. All members of the nation are entitled to have recourse to such courts within their reach. No one may be prevented from recourse to any court to which the law entitles to refer.
In all courts, both parties to the claim are entitled to select a lawyer for themselves. If they do not have the capacity to do this, the means of a lawyer being appointed to act for them must be made available.
A sentence to punishment and its execution must only be by the decision of a competent court, and by the virtue of law.
Innocence is the basic principle. No person is considered legally guilty, except after the guilt is established in a competent court.
Any kind of torture used to extract an admission of guilt or to obtain information is forbidden. Compelling people to give evidence, or confess or take an oath is not allowed. Such evidence or confession or oath is null and void. Any person infringing this principle is to be punished in accordance with the law.
Aspersion of the dignity of and respect due to any person who has been arrested or put in detention, or imprisoned by command of the law is forbidden in any form, and is liable for punishment.
No person may exercise his own rights as means of constraining others or violating the public interest.
Affairs of all three branches of the government must be transparent and posted for public access and review through typical means of communications such as but not limited to radio, television, internet and the official gazette. If it is required for national security not to disclose certain information; after the security conditions have ceased to exist, the classified information must be made available to the public review.
Citizenship of Iran is the unquestioned right of all Iranians. The Government may not deprive any Iranian of his citizenship, except at their own request.
Foreign nationals may within the limits of the law take up Iranian citizenship or permanent residency.
Chapter IV Economy and Financial Affairs
The economy of the Republic of Iran, with its objectives of achieving the economic independence of the society, uprooting poverty and deprivation, and fulfilling human needs in the process of development while preserving human liberty, is based on the following criteria:
1. The provision of the basic necessities for all citizens: housing, food, clothing, hygiene, medical treatment, education, and the necessary facilities for the establishment of healthy individuals and families
2. Ensuring conditions and opportunities of employment for everyone, with a view to attaining full employment; placing the means of work at the disposal of everyone who is able to work but lacks the means, in the form of cooperatives, through granting interest-free or low interest loans or recourse to any other legitimate means that neither results in the concentration or circulation of wealth in the hands of a few individuals or groups, nor turns the government into a major absolute employer. These steps must be taken with due regard for the requirements governing the general economic planning of the country at each stage of its growth;
3. The plan for the national economy, must be structured in such a manner that the form, content, and hours of work of every individual will allow sufficient leisure and energy to engage, beyond professional endeavor, in intellectual, political, and social and individual activities leading to all-round development of self, to take active part in leading the affairs of the country, improve skills, and to make full use of creativity;
4. Respect for the right to choose freely one’s occupation; refraining from compelling anyone to engage in a particular job; and preventing the exploitation of another’s labor;
5. The prohibition of infliction of harm and loss upon others, monopoly, hoarding, usury, and other illegitimate practices;
6. The prohibition of extravagance and wastefulness in all matters related to the economy, including consumption, investment, production, distribution, and services;
7. The utilization of science and technology, and the training of skilled personnel in accordance with the developmental needs of the country’s economy;
8. Protection of a healthy environment in all land, air and water.
9. Prevention of foreign economic domination over the country’s economy;
10. Emphasis on increase of agricultural, livestock, industrial and technological production and promoting areas of economic strengths while engaging in international and equitable trade agreements in order to secure national needs.
The economy of the Republic of Iran is to consist of three sectors: state, cooperative, and private, and is to be based on systematic and sound planning. State sector include national resources and facilities such as oil, gas, water, power, major minerals, roads, railroads, central treasury, primary central bank, national television and radio station(s). The precise scope of each of these sectors, as well as the regulations and conditions governing their operation, will be specified by law.
Airwaves of the country are public and can be used by private Radio, Television and other communication services by permission of the government. Foreign governments may not broadcast within the boundaries of Iran.
Public wealth and property, such as uncultivated or abandoned land, mineral deposits, seas, lakes, rivers and other public water-ways, mountains, valleys, forests, marshlands, natural forests, unenclosed pastures, legacies without heirs, property of undetermined ownership, and public property recovered from usurpers, shall be at the disposal of the government for it to utilize in accordance with the public interest. Law will specify detail procedures for the utilization of each of the foregoing items.
Everyone is the owner of the fruits of own legitimate business and labor, and no one may deprive another of the opportunity of business and work under the pretext of his right to ownership.
Private ownership, legitimately acquired, is to be fully recognized, acknowledged and legally respected.
There must be no discrimination among the various provinces with regard to the use of natural resources, utilization of public revenues, and distribution of economic activities among the various provinces and regions of the country, thereby ensuring that every region has access to the necessary capital and facilities in accordance with its needs and capacity for growth.
The government has the responsibility of confiscating all wealth accumulated through usury, usurpation, bribery, embezzlement, theft, gambling, misuse of endowments, misuse of government contracts and transactions, the sale of uncultivated lands and other resources subject to public ownership, and other illicit means and sources, and restoring it to its legitimate owner; and if no such owner can be identified, it must be entrusted to the public treasury. This rule must be executed by the government with due care, after investigation and by furnishing necessary evidence in accordance with the law.
The preservation of the environment, in which the present as well as the future generations have a right to flourishing social existence, is regarded as a public and government responsibility. Economic and other activities that inevitably involve pollution of the environment or cause irreparable damage to it are therefore forbidden.
No form of taxation may be imposed except in accordance with the law. Provisions for tax exemption and reduction will be determined by law.
The annual budget of the country will be planned by the government, in the manner specified by law, and submitted to the National Consultative Assembly for discussion and approval. Any change in the figures contained in the budget will be in accordance with the procedures prescribed by law.
All sums collected by the government will be deposited into the government accounts at the central treasury, and all disbursements, within the limits of allocations approved, shall be made in accordance with law. All of the government assets, debts, income and expenditures must be available in details and posted for public review.
The National Audit Agency is to be directly under the supervision of the National Consultative Assembly. Its organization and mode of operation in the country’s capital and at the provincial capitals are to be determined by law.
The National Audit Agency will inspect and audit, in the manner prescribed by law, all the accounts of, ministries, government institutions and companies as well as other organizations that draw, in any way, on the
general budget of the country, to ensure that no expenditure exceeds the allocations approved and that all sums are spent for the specified purpose. It will collect all relevant accounts, documents, and records, in accordance with law, and submit to the National Consultative Assembly a report for the settlement of each year’s budget together with its own comments. This report must be made available to the public.
Chapter V The Right of National Sovereignty
The powers of government in the Republic are vested in the Legislature, the Judiciary, and the Executive powers, in accordance with the forthcoming articles of this Constitution. These powers shall remain independent of each other.
The functions of the legislature are to be exercised through the National 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.
In extremely important economic, political, social, and cultural matters, the function of the Legislature may be exercised through direct recourse to popular vote by a referendum. Any request for such direct recourse to public opinion must be approved by two-thirds of the members of National Consultative Assembly.
The functions of the Executive are to be exercised by the president and the ministers.
The function of the Judiciary are to be performed by courts of justice, which are to be formed in accordance with the articles of law, and are vested with the authority to examine and settle lawsuits, protect the rights of the public, dispense and enact justice.
Chapter VI the Legislative Power
Section One National Consultative Assembly
The National Consultative Assembly is constituted by the representatives of the people elected directly and by secret ballot. The qualifications of voters and candidates, as well as the nature of election, will be specified by law.
The term of membership in the National Consultative Assembly is four years. Elections for each term must take place before the end of the preceding term, so that the country is never without a National Consultative Assembly.
There are to be two hundred seventy members of the National Consultative Assembly which keeping in view the human, political, geographic and other similar factors, may increase by not more than twenty for each ten-year period. The Sunni Muslims, Zoroastrians, Jews, Baha’is, Christians, Armenians of north and south of Iran are each affirmed political representatives based on their percentage of population but no less than one for each. The limits of the election constituencies and the number of representatives will be determined by law.
After holding of elections, the sessions of the National Consultative Assembly are considered legally valid when two-thirds of the total number of members is present. Drafts and bills will be approved in accordance with the code of procedure approved by it, except in cases where the Constitution has specified a certain quorum. The consent of two-thirds of all members present is necessary for the approval of the code of procedure of the Parliament.
The manner of election of the Speaker and the Presiding Board of the National Consultative Assembly, the number of committees and their term of office, and matters related to conducting the discussions and maintaining the discipline of the Assembly will be determined by the codes of procedure of the Assembly.
Members of the Assembly must take the following oath at the first session of the Assembly and affix their signatures to its text: I swear to protect, as a just trustee, the honor bestowed upon me by the people, to observe piety in fulfilling my duties as people’s representative; to remain always committed to the independence and honor of the country; to fulfill my duties towards the nation and the service of the people; to defend the Constitution; and to bear in mind, both in speech and writing and in the expression of my views, the independence of the country, the freedom of the people, and the security of their interests.
Members not attending the first session will perform the ceremony of taking the oath at the first session they attend.
If the elections are not possible to be held in the time of war and the military occupation of the country, elections due to be held in occupied areas or country may be delayed for a specified period if proposed by the
President of the Republic, and approved by three-fourths of the total members of the National Consultative Assembly. Until the new Assembly is formed, the previous one will continue to function.
The deliberations of the National Consultative Assembly must be open and full minutes of them made available to the public by radio, television, internet and the official gazette. A closed session may be held in emergency conditions, if it is required for national security, upon the requisition of the President, one of the ministers, or ten members of the Assembly. Legislation passed at a closed session is valid only when approved by three-fourths of the members. After emergency conditions have ceased to exist, the minutes of such closed sessions, together with any legislation approved in them, must be made available to the public.
The President, deputies and the ministers have the right to participate in the open sessions of the Assembly either collectively or individually. They may also have their advisers accompany them. If the members of the Assembly deem it necessary, the ministers are obliged to attend, whenever they request it, their statements are to be heard.
Section Two Powers and Authority of the National Consultative Assembly
The National Consultative Assembly can establish laws on all matters, within the limits of its competence as laid down in the Constitution.
The National Consultative Assembly cannot enact laws contrary to the Constitution.
The interpretation of ordinary laws falls within the competence of the National Consultative Assembly. The intent of this Article does not prevent the interpretations that judges may make in the course of cassation.
Government bills are presented to the National Consultative Assembly after receiving the approval of the Council of Ministers. Members’ bills may be introduced in the National Consultative Assembly if sponsored by at least fifteen members.
Members’ bills and proposals and amendments to government’s bills proposed by members that entail the reduction of the public income or the increase of public expenditure may be introduced in the Assembly only if means for compensating for the decrease in income or for meeting the new expenditure are also specified.
The National Consultative Assembly has the right to investigate and examine all the affairs of the country.
International treaties, protocols, contracts, and agreements must be approved by the National Consultative Assembly.
All changes in the boundaries of the country are forbidden, with the exception of minor amendments in keeping with the interests of the country, on condition that they are not unilateral, do not encroach on the independence and territorial integrity of the country, and receive the approval of four-fifths of the total members of the National Consultative Assembly.
Declaration of the state of war can be announced by the president or recommended by National Security Council or one fourth of the National Consultative Assembly members. In either event the announcement or recommendation must be approved within 7 days by two third of the members of the National Consultative Assembly in emergency sessions where the president, and members of the National Security Council are present. Such declaration must only be in the cases of self-defense and not as an act of aggression by Iran.
The proclamation of martial law is forbidden. In case of war or emergency conditions only akin to war, the president has the right to impose temporarily certain necessary restrictions, but only with the agreement of the four fifth of the National Consultative Assembly. In no case can such restrictions last for more than thirty days; if the need for them persists beyond this limit, the government must obtain new authorization from the Assembly.
The taking and giving of loans or grants-in-aid, domestic and foreign, by the government, must be approved by the National Consultative Assembly.
The granting of concessions to foreigners for the formation of companies or institutions dealing with commerce, industry, agriculture, services or mineral extraction, is absolutely forbidden.
Government buildings and properties forming part of the national heritage cannot be transferred except with the approval of the National Consultative Assembly and the president; that too, is not applicable in the case of irreplaceable treasures.
Every representative is responsible to the entire nation and has the right to express his views on all internal and external affairs of the country.
The right of membership is vested with the individual, and is not transferable to others. The Assembly cannot delegate the power of legislation to an individual or committee. But whenever necessary, it can delegate the power of legislating certain laws to its own committees. In such cases, the laws will be implemented on a tentative basis for a period specified by the Assembly, and their final approval will-rest with the Assembly. Likewise, the Assembly may, delegate to the relevant committees the responsibility for permanent approval of articles of association of organizations, companies, government institutions, or organizations affiliated to the government and or invest the authority in the government. The government approvals shall not be against the laws and other general rules of the country and, while calling for implementation, the same shall be brought to the knowledge of the Speaker of the National Consultative Assembly for his study and indication that the approvals in question are not inconsistent with the aforementioned rules.
Members of the Assembly are completely free in expressing their views and casting their votes in the course of performing their duties as representatives, and they cannot be prosecuted or arrested for opinions expressed in the Assembly or votes casts in the course of performing their duties as representatives.
The President must obtain, for the Council of Ministers, after being formed and before all other business, a vote of confidence from the Assembly. During his incumbency, he can also seek a vote of confidence for the Council of Ministers from the Assembly on important and controversial issues.
Whenever at least one-fourth of the total members of the National Consultative Assembly pose a question to the President, or a minister on a subject relating to their duties, the President or the minister is obliged to attend the Assembly and answer the question. This answer must not be delayed more than 30 days in the case of the President and ten days in the case of the minister, except with an excuse deemed reasonable by the National Consultative Assembly.
Members of the National Consultative Assembly can interrogate the Council of Ministers or an individual minister in instances they deem necessary. Interrogation can be scheduled if they bear the signatures of at least one-fifth of the members. The Council of Ministers or interrogated minister must be present in the Assembly within ten days after the scheduling of the interrogation in order to answer it and seek a vote of confidence. If the Council of Ministers or the minister concerned fails to attend the Assembly, the members who scheduled the interrogation will explain their reasons, and the Assembly has the option to declare a vote of no-confidence if it deems it necessary. If the Assembly does not pronounce a vote of confidence, the Council of Ministers or the minister subject to interrogation is dismissed. In both cases, the ministers subject to interrogation cannot become members of the next Council of Ministers formed immediately afterwards.
In the event at least one-third of the members of the National Consultative Assembly interrogate the President concerning his executive responsibilities in relation with the Executive Power and the executive affairs of the country, the President must be present in the Assembly within one month after the vote of the interrogation in order to give adequate explanations in regard to the matters raised. After hearing the statements of the opposing and favoring members and the reply of the President, two-thirds of the members of the Assembly are required to obtain a vote of no confidence.
Whoever has a complaint concerning the work of the Assembly or the executive power, or the judicial power can forward his/her complaint in writing to the Assembly. The Assembly must investigate his complaint and give a satisfactory reply. In cases where the complaint relates to the executive or the judiciary, the Assembly must demand proper investigation in the matter and an adequate explanation from them, and announce the results within a reasonable time. In cases where the subject of the complaint is of public interest, the reply must be made public.
Chapter VII Councils
In order to expedite social, economic, development, public health, cultural, and educational programs and facilitate other affairs relating to public welfare with the cooperation of the people according to local needs, the administration of each village, division, city, municipality, and province will be supervised by a council to be named the Village, Division, City, Municipality, or Provincial Council. Members of each of these councils will be elected by the people of the locality. Qualifications for the eligibility of electors and candidates for these councils, as well as their functions and powers, the mode of election, the jurisdiction of these councils, the hierarchy of their authority, will be determined by law, in such a way as to preserve national unity, territorial integrity, the Secular Republic of Iran, and the sovereignty of the central government.
In order to prevent discrimination in the preparation of programs for the development and welfare of the provinces, to secure the cooperation of the people, and to arrange for the supervision of coordinated implementation of such programs, a Council of the Provinces will be formed, composed of representatives of the Provincial Councils. Law will specify the manner in which this council is to be formed and the functions that it is to fulfill.
The Council of the Provinces has the right within its jurisdiction to draft bills and to submit them to the National Consultative Assembly, either directly or through the government. These bills must be examined by the Assembly.
Provincial governors, city mayors, divisional governors, and other officials, also elected by the people every four years must abide by all decisions taken by the councils within their jurisdiction. The election dates for provinces, cities, divisions and villages are every four years and determined by the council.
In order to ensure equity and cooperation in chalking out the programs and to bring about the harmonious progress of all units of production, both industrial and agricultural, councils consisting of the representatives of the workers, farmers, other employees, and managers, will be formed in educational and administrative units, units of service industries, and other units of a like nature, similar councils will be formed, composed of representatives of the members of those units. The mode of the formation of these councils and the scope of their functions and powers, are to be specified by law.
Decisions taken by the councils must not be contrary to the criteria of Constitution and the laws of the country.
The councils may not be dissolved unless they deviate from their legal duties. The body responsible for determining such deviation, as well as the manner for dissolving the councils and re-forming them, will be specified by law. Should a council have any objection to its dissolution, it has the right to appeal to a competent court, and the court is duty-bound to examine its complaint outside the docket sequence.
The Executive Power
Section One The Presidency
The President is the highest official in the country. His is the responsibility for implementing the Constitution and acting as the head of the executive.
The President is the commander of all armed forces
The President is elected for a four-year term by the direct vote of the people. Re-election for a second term is permissible only once.
The President must be elected from individuals possessing the following qualifications:
Lived in Iran for at least five years, at least one Iranian parent, Iranian nationality, at least 30 years old, no prior criminal or fraud record and belief in the constitution of the Secular Republic of Iran.
Candidates nominated for the post of President must declare their candidature officially. Law lays down the manner in which the President is to be elected.
The President is elected by an absolute majority of votes polled by the voters. But if none of the candidates is able to win such a majority in the first round, voting will take place a second time the second Friday after the results were announced. In the second round only the two candidates who received the most number of votes in the first round will participate. If, however, some of the candidates securing most votes in the first round withdraw from the elections, the final choice will be between the two candidates who won greater number of votes than all the remaining candidates.
Responsibility for the supervision of the election of the President to be constituted by law.
The election of a new President must take place no later than two months before the end of the term of the outgoing President. In the interim period before the election of the new President and the end of the term of the outgoing President, the outgoing President will perform the duties of the President.
In case any of the candidates whose suitability is established in terms of the qualifications listed above should die within ten days before polling day, the elections will be postponed for two weeks. If one of the candidates securing greatest number of votes dies in the intervening period between the first and second rounds of voting, the period for holding (the second round of) the election will be extended for two weeks.
The President must take the following oath and affix his signature to it at a session of the National Consultative Assembly in the presence of the head of the judicial power
"In the presence of the people of Iran, I swear that I will guard the constitution of the Secular Republic of Iran; that I will devote all my capacities and abilities to the fulfillment of the responsibilities that I have assumed; that I will dedicate myself to the service of the people, the honor of the country, and the support of truth and justice.
I will protect the freedom and dignity of all citizens and the rights that the Constitution of the secular republic of Iran has accorded the people; in protecting the frontiers and the political, economic, and cultural independence of the country, I will guard the authority vested in me by the people as a sacred trust, and peacefully transfer all the power to whomever the people may elect after me."
The President, within the limits of his powers and duties, which he has by virtue of this Constitution or other laws, is responsible to the people and the National Consultative Assembly.
The President is obliged to sign legislation approved by the Assembly or as result of referendums, after the related legal procedures have been completed and it has been communicated to him. After signing, he must forward it to the responsible authorities for implementation.
The President may have deputies for the performance of his constitutional duties. With the approval of the President, the first deputy of the President shall be vested with the responsibilities of administering the affairs of the Council of Ministers and coordination of functions of other deputies.
The President or his legal representative has the authority to sign treaties, protocols, contracts, and agreements concluded by the Iranian government with other governments, as well as agreements pertaining to international organizations, after obtaining the approval of the National Consultative Assembly.
The President is responsible for national planning, budget, employment affairs and may entrust the administration of these to others.
In special circumstances, subject to approval of the Council of Ministers, the President may appoint one or more special representatives with specific powers. In such cases, the decisions of his representative(s) will be considered as the same as those of the President and the Council of Ministers.
The ambassadors shall be appointed upon the recommendation of the foreign minister and approval of the President. The President signs the credentials of ambassadors and also receives the credentials presented by the ambassadors of the foreign countries.
The award of national medals and decorations is a prerogative of the President.
The President shall submit his resignation to the National Consultative Assembly and shall continue performing his duties until his resignation is accepted and his duties are assigned to first deputy or until the new president is elected.
In case of death, dismissal, resignation, absence, or illness lasting longer than two months of the President, or when his term in office has ended and a new president has not been elected due to some impediments, or similar other circumstances, his first deputy shall assume, the powers and functions of the President. The Council, consisting of the Speaker of the National Consultative Assembly, head of the judicial power, and the first deputy of the President, is obliged to arrange for a new President to be elected within a maximum period of fifty days. In case of death of the first deputy to the President, or other matters which prevent him to perform his duties, or when the President does not have a first deputy, the Speaker of the Assembly shall assume this responsibility until election.
During the period when the powers and responsibilities of the President are assigned to his first deputy or the other person in accordance with Article 131, neither can the ministers be impeached nor can a vote of no-confidence be passed against them. Also, neither can any step be undertaken for a review of the Constitution, nor a national referendum is held.
Section Two The President and the Ministers
Ministers will be appointed by the President and will be presented to the Assembly for a vote of confidence. With the change of Assembly, a new vote of confidence will not be necessary. The number of ministers and the jurisdiction of each will be determined by law.
The President is the head of the Council of Ministers. S/he supervises the work of the ministers and takes all necessary measures to coordinate the decisions of the government. With the cooperation of the ministers, s/he determines the program and policies of the government and implements the laws. In the case of discrepancies, or interference in the constitutional duties of the government agencies, the decision of the Council of Ministers at the request of the President shall be binding provided it does not call for an interpretation of or modification in the laws. The President is responsible to the Assembly for the actions of the Council of Ministers.
The ministers shall continue in office unless they are dismissed, or given a vote of no-confidence by the Assembly as a result of their impeachments, or a motion for a vote of no-confidence against them.
The resignation of the Council of Ministers, or that of each of them shall be submitted to the President, and the Council of Ministers shall continue to function until such time as the new government is appointed.
The President can appoint a caretaker for a maximum period of three months for the ministries having no minister.
The President can dismiss the ministers and in such a case he must obtain a vote of confidence for the new minister(s) from the Assembly.
Each of the ministers is responsible for his duties to the President and the Assembly, but in matters approved by the Council of Ministers as a whole, he is also responsible for the actions of the others.
In addition to instances in which the Council of Ministers or a single minister is authorized to frame procedures for the implementation of laws, the Council of Ministers has the right to lay down rules, regulations, and procedures for performing its administrative duties, ensuring the implementation of laws, and setting up administrative bodies. Each of the ministers also has the right to frame regulations and issue circular in matters within its jurisdiction and in conformity with the decisions of the Council of Ministers. However, the content of all such regulations must not violate the letter or the spirit of the law. The government can entrust any portion of its task to the commissions composed of some ministers. The decisions of such commissions within the rules will be binding after the endorsement of the President.
The ratification and the regulations of the government and the decisions of the commissions mentioned under this Article shall also be brought to the notice of the Speaker of the National Consultative Assembly while being communicated for implementation so that in the event he finds them contrary to law, he may send the same stating the reason for reconsideration by the Council of Ministers.
The settlement, of claims relating to public and state property or the referral thereof to arbitration is in every case dependent on the approval of the Council of Ministers, and the Assembly must be informed of these matters. In cases where one party to the dispute is a foreigner, as well as in important cases that are purely domestic, the approval of the Assembly must also be obtained. Law will specify the important cases intended here.
Allegations of common crimes against the President, his deputies, and the ministers will be investigated in common courts of justice with the knowledge of the National Consultative Assembly.
The President, the deputies to the President, ministers, and government employees cannot hold more than one government position, and it is forbidden for them to hold any kind of additional post in institutions of which all or a part of the capital belongs to the government or public institutions, to be a member of the National Consultative Assembly, to practice the profession of attorney or legal adviser, or to hold the post of president, managing director, or membership of the board of directors of any kind of private or public company. Teaching positions in universities and research institutions are exempted from this rule.
The assets of the President, the deputies to the President, and ministers, as well as those of their spouses and offspring, are to be examined before and after their term of office by the head of the judiciary, in order to ensure they have not increased in a fashion contrary to law. During the term of public service, all of their business trades must be disclosed and subject to investigation.
Section Three The Army
Army of the Republic of Iran is responsible for guarding the independence and territorial integrity of the country, as well as the order of the Republic.
The Army of the Republic of Iran must be a secular Army, i.e., only committed to the people, and no religion or ideologies. All the heads of army must be individuals who believe in the constitution and objectives of the Secular Republic and are devoted to the cause of realizing its goals.
No foreign citizens will be accepted into the Army or security forces of the country.
The establishment of any kind of foreign military base in Iran, even for peaceful purposes is forbidden, except the forces of United Nation in specific cases and for limited periods with the approval of the National Consultative Assembly.
In time of peace, the government must utilize the personnel and technical equipment of the Army in relief operations, and for educational and productive ends and the Construction, while fully observing the criteria of laws and justice and ensuring that such utilization does not harm the combat-readiness of the Army.
All forms of personal use of military vehicles, equipment, and other means, as well as taking advantage of Army personnel as personal servants and personal chauffeurs or in similar capacities, are forbidden.
Promotions in military rank and their withdrawal take place in accordance with the law.
The government is obliged to provide a six months program of military training, with all requisite facilities, for all its citizens, in such a way that all citizens will always be able to engage in the armed defense of the Republic of Iran. The possession of arms, however, requires the granting of permission by the competent authorities.
The foreign policy of the Republic of Iran is based upon the rejection of all forms of domination with the goal of the preservation of the independence of the country in all respects and its territorial integrity and the maintenance of mutually peaceful relations with all nations.
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.
The government of the Republic of Iran may grant political asylum to those who are subject of human rights violations and seek it unless they are regarded as traitors and saboteurs according to the laws of Iran.
Chapter X The Judiciary
The judiciary is an independent power, the protector of the rights of the individual and society, responsible for the implementation of justice, and entrusted with the following duties:
1. Investigating and passing judgment on grievances, violations of rights, and complaints; the resolving of litigation; the settling of disputes; and the taking of all necessary decisions and measures in probate matters as the law may determine;
2. Restoring public rights and promoting justice and legitimate freedoms;
3. Supervising the proper enforcement of laws;
4. Uncovering crimes; prosecuting, punishing, and chastising criminals; and enacting the penalties and provisions of the penal code;
5. Taking suitable measures to prevent the occurrence of crime and to reform criminals.
In order to fulfill the responsibilities of the judiciary power in all the matters concerning judiciary, administrative and executive areas, The president shall appoint any substitute for retired, ill or deceased members of the Judiciary Council well versed in judiciary affairs and possessing prudence and administrative abilities as the head of the judiciary power for a period of maximum 10 years who shall be the highest judicial authority. The appointed members must be approved by the majority vote of the National Consultative Assembly.
The Judiciary Council is responsible for the following:
1. Establishment of the organizational structure necessary for the administration of justice.
2. Drafting judiciary bills appropriate for the Secular Republic of Iran.
3. Employment of just and worthy judges, their dismissal, appointment, transfer, assignment to particular duties, promotions, and carrying out similar administrative duties, in accordance with secular laws.
The courts of justice are the official bodies to which all grievances and complaints are to be referred. The formation of courts and their jurisdiction is to be determined by law.
The Minister of Justice owes responsibility in all matters concerning the relationship between the judiciary, on the one hand, and the executive and legislative branches, on the other hand. The Judiciary Council may delegate full authority to the Minister of Justice in financial and administrative areas and for employment of personnel other than judges in which case the Minister of Justice shall have the same authority and responsibility as those possessed by the other ministers in their capacity as the highest ranking government executives.
The Judiciary Council is the ultimate reference in interpretation of constitution and the laws and decisions by the courts, ensuring uniformity of judicial procedure, and fulfilling any other responsibilities assigned to it by law.
The conditions and qualifications to be fulfilled by a judge will be determined by law
A judge cannot be removed, whether temporarily or permanently, from the post s/he occupies except by trial and proof of guilt, or in consequence of a violation entailing his dismissal. A judge cannot be transferred or re-designated without his or her consent, except in cases when the interest of society necessitates it, that too, with the decision of the Judicial Council. The periodic transfer and rotation of judges will be in accordance with general regulations to be laid down by law.
Trials are to be held openly and members of the public may attend without any restriction; except in cases of private disputes when either of the parties request not to hold open hearing.
The verdicts of courts must be well reasoned out and documented with reference to the articles and principles of the law in accordance with which they are delivered.
The judge is bound to endeavor to judge each case on the basis of the codified law. A Judge may not refrain from admitting and examining cases and delivering judgment.
Political and press offenses will be tried openly and in the presence of a jury, in courts of justice. The manner of the selection of the jury, its powers, and the definition of political offenses, will be determined by law.
No act or omission may be regarded as a crime with retrospective effect on the basis of a law framed subsequently.
Judges of courts are obliged to refrain from executing statutes and regulations of the government that are in conflict with the laws and outside their competence of, the executive power. Everyone has the right to demand the annulment of any such regulation from the Court of Administrative Justice.
Whenever an individual suffers emotional or material loss as the result of a default or error of the judge with respect to the subject matter of a case or the verdict delivered, or the application of a rule in a particular case, the defaulting judge must stand surety for the reparation of that loss in accordance with the law, if it be a case of default. Otherwise, losses will be compensated for by the State. In all such cases, the repute and good standing of the accused will be restored.
Military courts will be established by law to investigate crimes committed in connection with military or security duties by members of the Army, the Gendarmerie and the police. They will be tried in public courts,
however, for common crimes or crimes committed while serving the department of justice in executive capacity. The office of military prosecutor and the military courts form part of the judiciary and are subject to the same principles that regulate the judiciary.
In order to investigate the complaints, grievances, and objections of the people with respect to government officials, organs, and statutes, a court will be established to be known as the Court of Administrative Justice under the supervision of the Judiciary Council. The jurisdiction, powers, and mode of operation of this court will be laid down by law.
In accordance with the right of the judiciary to supervise the proper conducting of affairs and the correct implementation of laws by the administrative organs of the government, an organization will be constituted under the supervision of the Judiciary Council to be known as the National General Inspectorate. The powers and duties of this organization will be determined by law
Complete list of all prisoners with their whereabouts, case numbers and terms of imprisonment must be available publicly.
No individual may be punished or imprisoned for their religious, ideological and political views even if they may be in opposition to the government or constitution of the republic of Iran. There shall be no political prisoners or prisoners of conscious.
There shall be no death penalties.
Chapter XI Radio and Television
The freedom of expression and dissemination of thoughts in the National Radio and Television of the Republic of Iran must be guaranteed in keeping with the Secular criteria and the best interests of the country. The appointment and dismissal of the head of the Radio and Television of the Republic of Iran rests with a council of 3 representatives, each assigned by the President, the Judiciary Council and the National Consultative Assembly.
Private media, internet sites, Radio, Television stations are allowed to operate freely within the framework of the law.
Chapter XII National Security Council
In order to safeguarding the national interests and preserving the territorial integrity and national sovereignty, a National Security Council presided over by the President shall be constituted to fulfill the following responsibilities:
1. Determining the defense and national security policies within the framework of law and the general policies of the Government and the National Consultative Assembly.
2. Coordination of activities in the areas relating to politics, intelligence, social, cultural and economic fields in regard to general defense and security policies.
The Council shall consist of: heads of three branches of the government, chief of the Command Council of the Armed Forces, the officer in charge of the planning and budget affairs, ministers of foreign affairs, interior, information and the highest ranking officials of the each of the Armed Forces.
Commensurate with its duties, the National Security Council shall form sub-councils such as Defense Sub-council and National Security Sub-council. Each Sub-council will be presided over by the President or a member of the National Security Council appointed by the President. The scope of authority and responsibility of the Sub-councils will be determined by law and their organizational structure will be approved by the National Security Council. The decisions of the National Security Council must be in accordance with the laws and shall be effective after the confirmation by the President.
Revisions and Amendments to the Constitution
Revision and Amendments of the Secular Constitution of the Republic of Iran, whenever needed by the circumstances, can be done in the following manner: (To be completed)۲ بهمن۲۵۴۹ 2 Bahman 2549 (22 January, 2010) THE END.
|Recently by David ET||Comments||Date|
|A must see on US economy|
|Aug 10, 2011|
لولوی سر خرمن آمریکا و اسرائیل
|Jul 31, 2011|
|Need an invitation to join GOOGLE + ?|
|Jul 26, 2011|
|نسرین ستوده: زندانی روز||Dec 04|
|Saeed Malekpour: Prisoner of the day||Lawyer says death sentence suspended||Dec 03|
|Majid Tavakoli: Prisoner of the day||Iterview with mother||Dec 02|
|احسان نراقی: جامعه شناس و نویسنده ۱۳۰۵-۱۳۹۱||Dec 02|
|Nasrin Sotoudeh: Prisoner of the day||46 days on hunger strike||Dec 01|
|Nasrin Sotoudeh: Graffiti||In Barcelona||Nov 30|
|گوهر عشقی: مادر ستار بهشتی||Nov 30|
|Abdollah Momeni: Prisoner of the day||Activist denied leave and family visits for 1.5 years||Nov 30|
|محمد کلالی: یکی از حمله کنندگان به سفارت ایران در برلین||Nov 29|
|Habibollah Golparipour: Prisoner of the day||Kurdish Activist on Death Row||Nov 28|