Iran - Universal Periodic Review

UPR 34, November 8, 2019
Recommendations by Canada

Background

According to UPR Info, a non-profit, non-governmental organization (NGO) that tracks the Universal Periodic Review (UPR) process, in the first two cycles of the UPR, Iran received 511 recommendations, of which 180 were accepted (an acceptance rate of 35%). Canada’s previous recommendations to Iran were related to Iran’s discrimination on the basis of sexual orientation; use of the death penalty; mistreatment or abuse of detained persons in Iran; freedom of expression; and women’s economic rights.

The Islamic Republic of Iran is a theocratic republic. The legal code in Iran is based on Islamic law, or Sharia. The Head of the Judiciary, also known as the Chief Justice of Iran, is appointed by the Supreme Leader. Judicial authority is constitutionally vested in the Supreme Court and the four-member High Council of the Judiciary.

Since its last appearance, Iran has made incremental progress in some issue areas. Most notably, in 2018 there was a significant drop in the number of executions, due to the reduction in the number of executions for drug-related offences following amendments made to the Anti-Narcotics Law, passed in October 2017. Also encouraging is Iran’s amendment of the nationality law to allow children born to Iranian women and non-Iranian men to acquire Iranian nationality, regardless of whether they are born on Iranian territory.

Despite some incremental progress, the overall situation of human rights in Iran remains deeply concerning, and recent appointments within the Iranian judicial system may indicate that this will continue. Arbitrary detention, poor conditions of detention, and torture and other ill-treatment remain of concern. According to the United Nation Secretary General (UNSG) and the United Nations Special Rapporteur on the situation of human rights in the Islamic Republic of Iran (UNSR) severe restrictions on civil and political rights remain, including violations of the right to freedom of religion or belief, the right to freedom of expression, and rights related to due process and fair trials.

Women are discriminated against in law and in practice, including in matters of divorce and custody, criminal law, access to employment, inheritance rights, and when running for political office. There are also severe restrictions on economic and social rights, including discrimination against women; ethnic and recognized and unrecognized religious minorities, and LGBTI persons, including some consensual same-sex sexual conduct remaining punishable by death.

Recommendations

Thank you, Mr. President.

Canada thanks Iran for its presentation. While we take note of the reduction in the use of the death penalty, we remain deeply concerned by the situation of human rights in Iran.

Canada recommends that Iran:

1. Revise the Penal Code to ensure consistency with its international obligations, including article 6 of the ICCPR, so that the death penalty is reserved for only the most serious crimes, never imposed for crimes committed by persons below 18 years of age, and never imposed arbitrarily.
2. Ensure freedom from torture while in detention.
3. End discrimination on the basis of sexual orientation, including repealing provisions in the Penal Code which criminalizes consensual same-sex activities between adults.
4. Take measures to ensure non-discrimination against ethnic and religious minorities.
5. Remove legal restrictions and social barriers to women's equal participation in the workforce and access to education and participation in the conduct of public affairs.

Canada hopes the Government of Iran will engage constructively with the international community, including by inviting the UN Special Rapporteur on the situation of human rights in Iran to the country.