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Chapter Two
Freedom and Political Development
The leaders of Iran’s reformist movement, emphasizing freedom as one of the three basic principles of the Islamic Revolution of 1979 (the other two being national sovereignty and an Islamic republic), underlined the need for the promotion of democratic institutions within the framework of the Islamic Republic’s constitution. Reformists advanced the idea that meaningful political reform, expressed as “political development” (tose’eye siasi) in contemporary Iranian political discourse, is only realized when individual and social freedoms and rights of people are met. When people are allowed to take part in the process of decision making and setting the future course of their society, obstacles facing the formation of political parties and organizations and professional and cultural formations are removed, freedom of thought, expression and publication are recognized, the doors of the parliament and municipal councils are open to all citizens and information is disseminated without censorship and misrepresentation. In short, the rule of law is established and a particular group or class of people no longer monopolizes the state—whether in the realm of legislation to courts or in the execution and supervision of laws.
Without a doubt, political development requires a respect for freedom on the part of the rulers. The paramount question, however, is this: If the rulers themselves are not elected in an environment which guarantees the aforementioned rights and freedoms, can they possibly act to promote them? This is the fundamental question we face in contemporary Iran. There is little doubt that at the level of ideas, the nation and many of its leaders have gradually acknowledged the importance of political development—at least in principle. Increasingly, the language of political development is used in political discourse, even when the rulers have not been elected under wholly democratic conditions. The very notion of political development and reform has itself become such a potent force that it may finally get playing time instead of mere lip service. At the same time, the situation remains volatile precisely because Iran is in transition from a stage in which ideas about political development are being hotly debated to a stage in which these ideas could be realized. It was understood at the time that a radical change can occur and cause a reversal to more authoritarian ways, and it happened. For this reversal to have been avoided, we should have built upon achievements, even if in a piecemeal fashion, and created new laws and finally set the ground for their acceptance and perpetuation with a better language than the one used by the reformists.
With regard to the ideal of freedom, two primary questions will determine the fate of the transitional period: First, how has the principle of freedom been incorporated within the corpus of legislated laws? Second, how has this principle fared in the process of policy implementation after the Islamic Revolution? These questions are constantly raised because in the process of instituting reform and bringing about change, the inadequacies of the existing system invariably come to the fore. This has been particularly the case in the aftermath of the Islamic Revolution.
It is no exaggeration to say that after the Revolution, the political managers of the country began to govern as if they had assumed power through invasion. As such, they maintained their rule in the spirit of conquest and through oppression. Naturally, the management of a conquered land is different from the management of a country in transition; the assumption of power through conquest is the most primitive form of ascendance to power. In the period of transition, on the other hand, questions regarding the manner in which freedom is defined in the new Islamic Republic have risen.
Definition of Freedom
Freedom means the possibility of choice. If a person is able to implement every decision he or she makes with no restriction, that person enjoys a freedom without limits. However, since human beings live in societies, they can never have unfettered freedom, for this would imply trampling upon the freedom of others. For this reason, every society has a set of social, political and economic rules and regulations that both determine the boundaries of individual freedom and guarantee permissible freedoms. The same principle applies at the global level, where international norms and regulations set boundaries upon the freedom of nations.
At the same time, one of the most significant concerns of humankind throughout history has been the desire to achieve defined liberties for the individual, restraining the boundless discretion of their oppressive rulers.
The most important types of liberties mentioned in the conditional laws of most countries and their international declarations include individual, social, political and economic freedoms. In Iran, the nominal defense of freedom has a long pedigree. The Iranian civil code, which was passed about eighty years ago, emphasized human freedom and dignity in articles 959 and 960. According to Article 959, “No person is allowed to deprive himself of the right to enjoy or the right to apply his civil rights in whole or in part.” Article 960 reads, “No person can deprive himself of the right of freedom or give up the right to enjoy his freedom within the limits which are set by laws or good ethic.
The constitution of the Islamic Republic of Iran also refers to the need to respect the rights of the people and their freedom in several sections, while limiting these rights and freedoms in conformity with religious criteria. Chapter three of the constitution under the title of ‘The People’s Rights’ describes what is meant by “freedom.” Here are some of the rights presumably guaranteed by the current Iranian constitution:
Article 22. The dignity, life, property, rights, homes and employment of persons are inviolable unless where laws allow.
Article 23. Inquisition is not allowed and no one can be prosecuted merely for holding an idea.
Article 24. The press and publications are free to publish materials unless they are harmful to the Islamic precepts or public rights. These are described by law.
Article 25. Inspecting and intercepting letters, or recording and publishing telephone conversations, or revealing the contents of telegrams and telex messages, censoring and not delivering them, eavesdropping and any kind of spying are prohibited unless authorized by law.
Article 26. Political and professional parties, groups, associations and Islamic associations or associations of recognized religious minorities are allowed, provided that they do not undermine the principles of independence, freedom and national integrity, Islamic tents and the foundation of the Islamic republic. No one can be prevented from entering these associations and no one can be forced to join them.
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