by Jamileh Kadivar
EDITORIAL
he presidential elections of June 12, 2009 harmed both
to the “Islamic” and “democratic” sides of the Islamic Republic of Iran.
Three months after the vote, the crisis is still going on.
Democracy is based on a belief in the value of the individual human being,
and a further criterion is therefore the extent to which certain basic rights
are guaranteed to every citizen.
We have a very special system of governance with many features of democratic
countries (holding elections, having political parties and a parliament) and,
at the same time some criterions of tyranny regimes. The regime jails opponents,
bans magazines and tolerates few challenges.
But it is not a monolithic dictatorship and is best described as an oligarchy
with considerable debate and dissent within the elites.
After the election understanding the situation has become even more difficult.
For Iranians the last elections acted as 9/11 did for Americans in the sense that
their perception changed. All the problems began after the unbelievably quick
announcement of the outcome of the election. The process of counting votes was
central to the crisis. English playwright Tom Stoppard once said that democracy
isn’t the voting process, but rather the counting of the votes. Similarly, Stalin once
said: «The number of people who participate in the election is not important;
the important thing is who counts the votes.»
We can look at democracy in Iran from three different views.
Mir Houssein Mousavi greeting crowds
in Tehran after his defeat by incumbent
Mahmud Ahmadinejad.
International observers were
heavily critical of the managing
of the Iranian election.
Epa / Corbis / A. Taherkenareh
T
Presidential candidate
The government view: before and after the revolution, most of the
governments in Iran have used democracy as a tactical instrument in order
to hide that they believe the right to rule belongs to the government and
not to people who are unable to make good decisions. At the time of president
Muhammad Khatami some attention was paid to democracy and civil society
but the resistance towards him and his cabinet was really strong.
As a matter of fact, the June elections were among the biggest frauds in our
history and many believe a martial coup took place. The government used the
revolutionary guards, the basij (militia) and other security forces to change the
outcome. After the peaceful demonstrations, the suppression started in Tehran
and other major cities. Many well-known reformists, journalists, photographers
and even ordinary people were arrested. Some were injured or killed in streets
and prisons. Some newspapers and websites were banned. The phone lines were
restricted. The mobile coverage and text message service was disconnected for
a long time. Many private and public places were destroyed and people accused
of doing it. The prisoners were tortured and forced to confess of being part
of a velvet revolution.
Nowadays, the government views democracy as a western instrument for
weakening the Islamic revolution and its values. The suppression has become
so severe that, contrary to the past 30 years, the government did not let Hashemi
Rafsanjani give the sermon on the last Friday of the holy month of Ramadan.
It seems that some serious actions have been undertaken by the basij and the
revolutionary guards against groups pro Imam Khomeini. Despite the pressure,
Iranians continued their resistance to the government’s oppression.
Traditional “Sizdah Bedar” picnics
Afp / Getty Images / B. Mehri
are held on the 13th day
of the new year (Noruz).
Getty Images
According to Persian tradition,
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east . europe and asia strategies
the 13th day represents the rule of chaos,
leading families to plan quiet family
outings to shield them from bad luck.
number 27 . december 2009
5
EDITORIAL
The citizen’s view: Most Iranians, especially those living in urban
areas, the middle class, youth, women, students and intellectuals do believe
in democracy and want it as a way of life. One hundred years ago, the primary
demand of the nation was to establish a parliament and the people used
the symbolic term Adalat-khaneh (House of Justice). A hundred years after
the constitutional revolution, Iranians still long for justice and democracy.
Although the leaders of the green movement like Mussavi, Karrubi and Khatami
want change within the framework of law, nowadays the opposition not only
challenges the outcome of the election but also the leader and the regime.
For the first time, the supreme leader was challenged by large demonstrations
in the streets of Tehran. The protestors use every opportunity to show their
objections, not only in the streets but also on the roofs of their homes chanting
“Allah Akbar” (God is the great) and “Down with the dictator”.
Due to the influence of globalization, far more nations have become familiar
with democracy. Of course, it doesn’t mean everyone has the same idea about
democracy and about what happened in the election. Many people, like those
residing in rural areas, the poor and those dependant on the regime believe
what they see on the national television and the governmental media every day.
I mean, at least those who voted for Ahmadinejad have a different view
about democracy, freedom and equality.
by Jamileh Kadivar
The Guardian council is formed by 12 members (6 religious men to be selected
by the supreme leader and 6 jurists to be elected by the parliament
from the jurists who are nominated by the head of the judiciary).
According to the constitution, the Guardian council has a vast range
of responsibilities. The parliament doesn’t hold any legal status without
the Guardian council in existence. Legislations approved by the parliament must
be sent to the Guardian council which decides if the legislation is incompatible
with Islam and the constitution. In case of incompatibility the Guardian council
returns the legislation to the parliament to be reviewed. The guardian council
also has the responsibility of supervising the election of the Assembly of experts,
of the president and of the parliament, as well the direct recourse to popular
opinion and referenda. This supervision begins from deciding whether or not
the nominees are qualified and it continues until the end of elections.
It is very common for them to disqualify candidates without any reason
and to avoid answering the objections. Interpretation of the constitution
is vested with the Guardian council.
Out of politics for two decades,
presidential candidate Mousavi
now heads Iran’s Academy of Arts
A young Iranian girl
Olycom / Action press
at an Internet cafe in the capital.
Constitutional law: There is no doubt that democracy is based on law.
The IranianConstitution is a curious hybrid of theocratic, democratic and
authoritarian elements. Articles 1, 2 and 56 do vest sovereignty in God,
but articles 6, 62, 100 and 114 refer to popular elections for the presidency,
the parliament and city councils. Section 3 (Articles 19-42) guarantee,
among other things, freedom of belief,
expression, press, association and parties,
public gatherings and marches, equality
before the law, human dignity, denial the
discrimination and privileges,; protection
of ethnic minorities, forbid torture, state
the presumption of innocence, the dignity
of the arrested, the right to a process
and the right of private property as well
as social rights like social security and
health care. These articles are similar
to human rights declaration articles.
Some articles like the ones on the
Guardian council and the leader are unique
and controversial. Section 6 (articles 91-99)
is about the Guardian council whose
members are elected for six years.
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east . europe and asia strategies
as well as the opposition
Green Movement
and Green Path of Hope.
Afp / Getty Images / B. Mehri
Daily life in Tehran:
Another part of the constitution is Section Eight (Articles 107-112) on the
“Leader”. He is recognized as the first person in the country and has a huge
power according to the constitution. According to article 57 the power of the
government is vested in the legislator, the judiciary and the executive powers that
function under the supervision of the absolute religious leader and the leadership
of the umma in accordance with the forthcoming articles of constitution.
The leader’s duties and responsibilities, specified in Article 110, include
delineation of the general policies of the Islamic Republic of Iran, supervision
over the proper execution of the general policies of the system, issuing decrees
for national referenda, resolving differences between the three parts
of government and regulation of their relations, control over the armed forces,
the ability to declare war, appointment-dismissal-resignation of the judiciary,
heads of media, the army, the Islamic Revolutionary Guard Corps,
and the religious men of the Guardian council.
Another article lays out conditions under which the Supreme Leader
can be removed but that procedure is hardly democratic or transparent.
The strange thing about this article is that the qualification of the experts
is decided by the Guardian council and this shows the cycle is defective.
On the one hand the religious leader and a powerful Guardian council are
recognized by the constitution. On the other hand, there is a democratic side
in the presidential and parliamentary elections. This illustrates that we have
a special kind of governance neither tyrannical nor democratic.
Although the government used its force to eliminate democracy and the people’s
will, the trend of democratization keeps getting stronger and the civil society
has become a powerful element in building Iran’s future.
number 27 . december 2009
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