Are New Iranian Criminal Laws Curtailing Freedom Of Religion Or Belief?
Iran does not have a good record of protecting the right to freedom of religion or belief, whether in law or in practice. Indeed, the penal code criminalizes practices such as proselytizing and attempts by non-Muslims to convert Muslims. The punishment for these crimes is the death penalty. Similarly criminalized are the enmity against God and insulting the Prophet. Laws also prohibit Muslim citizens from changing or renouncing their religious beliefs. Zoroastrians, Jews, and Christians, excluding converts from Islam, are the only recognized religious minorities. They are permitted to worship and form religious societies, but only within the limits of the law. The only recognized conversion is to Islam. Conversion from Islam is considered apostasy, and as such, punishable by death. An Iranian woman prays as she attends Christmas Eve mass at the St Joseph Armenian Catholic church ... [+] in Tehran on December 24, 2016, as Christians around the world are celebrating Christmas. (Photo credit: ATTA KENARE/AFP via Getty Images) AFP via Getty Images  As such, the domestic law pertaining to the right to freedom of religion or belief differs significantly from international standards. Nonetheless, recent legislative changes suggest that the situation will only deteriorate. Article 499 of the Islamic Penal Code states that anyone who insults Iranian ethnicities or divine religions or Islamic schools of thought recognized under the Constitutions with the intent to cause violence or tensions in the society or with the knowledge that such [consequences] will follow will be subjected to punishments between two and five years and/or a monetary fine, where violence, and between six months and two years and/or a monetary fine if no violence is involved. Article 499, which is a blasphemy provision, will add to the challenges faced by religious minorities by adding a significant threat of criminal charges for insult. As we know very well, such provisions are destined to be abused against religious minorities. Article 500 states that any deviant educational or proselytizing activity that contradicts or interferes with the sacred law of Islam whether as part of a sect or through the use of mind control methods and psychological indoctrination would face imprisonment between two and five years and/or a fine. Article 500 criminalizes proselytizing but also any form of educational activities. The wording is broad to curtail freedom of speech more broadly if the content of that speech contradicts or interferes with the sacred law of Islam. Again, this provision will affect religious minorities. These provisions will only add to the dire situation experienced by religious minorities in Iran. Minorities, whose rights are already severely restricted. While Zoroastrians, Jews, and Christians, are recognized religious minorities, their right to practice their religion is limited by law. Other minorities may not engage in public religious expression, whether worshiping in a church or wearing religious symbols. However, it does not end there. For example, Bahais, an unrecognized minority group, are bared from all government employment. They may not receive compensation for injury or crimes committed against them. They may not inherit property. The government does not recognize Bahai marriages or divorces. Furthermore, as indicated by the U.S. State Department, a religious fatwa from the supreme leader encourages citizens to avoid all dealings with Bahais.  And indeed, the current use of blasphemy laws shows that religious minorities are often targeted, including Bahs, Sunnis, Sufis, and Christians. Furthermore, USCIRF reported that Based upon the enforcement cases examined, Iran frequently charges blasphemous conduct as crimes under Article 262, the criminal blasphemy law, in addition to charges for other crimes. For instance, in 2018, intelligence agents arrested a Kurdish poet in Malakhashi, Ilam on several charges, including acting against national security and insulting the sanctity of the regime. As the laws become more restrictive, anyone who speaks out against them or advocates for change becomes a target. Recent blasphemy sentences include a senior Shia cleric who advocates greater separation of religion and the state. While it is still too early to know the effects of the new laws on religious minorities, the concerns are justified. The laws cannot be detached from the dire situation of religious minorities in the country.