Basic HTML Version
Summer 2017
DEFENDERS
6
That is, a serious and important outcome of this charter is that all administrative
institutions must gradually see themselves obligated to enforce freedoms and rights
enshrined therein, and in case of lack of commitment to those rights, they would be
referred to a special board, which investigates administrative offenses.
Q: In view of division of powers in Iran, to what extent this
charter is binding for various branches of the government?
A: There is no doubt that during the past two years, Iran's executive branch has
taken measures to initiate implementation of this charter. Therefore, the first step in
this regard must be also taken by the executive branch itself. I mean, the executive
branch must monitor all its subordinate institutions with regard to implementation of
citizenship rights. The SupremeAdministrative Council passed a decision under No.
178, dated January 28, 2017, according to which all ministries, state-run institutes
and companies, nongovernmental public institutions, provincial governors’ offices,
and other executive bodies that are funded through the public budget have been
obligated to comply with the contents of the Supreme Administrative Council’s
decision. Therefore, at least on paper, all institutions whose budget is allocated
as per the annual budget law have been obligated to comply with the decision
of the Supreme Administrative Council. However, there is no doubt that due to
division of powers, the executive branch, as the founder of the Charter on Citizens'
Rights, has no influence on other branches of the government. For this reason,
enforcing the Charter on Citizens' Rights within other branches of the government,
and guaranteeing their respect for citizenship rights will be very difficult for the
executive branch. Subsequently, other branches and governmental institutions must
take the lead and understand that implementation of these decisions is in favor of
the Islamic Republic of Iran’s establishment and the people, and help the executive
branch implement the charter.
Q: Which institution or institutions are responsible for
supervising performance of various state institutions with regard
to implementation of this charter? In your opinion, what role can
nongovernmental organizations play in this regard?
A: There is no doubt that nongovernmental organizations can play the most
important role in this regard. The charter and the aforesaid decision (by the Supreme
Administrative Council) have touched on this issue while the Constitution has also
recognized this role in such cases for various parties and associations in its Article
26. The point, however, is that from a legal standpoint, the Charter on Citizens'
Rights is not binding per se, but the Supreme Administrative Council’s decision
No. 178 is binding and it seems that it can be even cited in some cases in courts,
especially in the Court of Administrative Justice. Therefore, in those cases when
citizens come across a civil servant, director general or a public administrative unit
that is not attentive to these rights and freedoms, they can refer to special boards
set up for seeing into administrative offences, in the first place, and go through
stages determined by those boards. If needed, in the next stages, they can refer