Summary of arguments and evidence supporting the claims of Arab Iranian asylum seekers

Introduction

Background

Arabs are one of several ethnic minorities in the predominantly Persian Iran, comprising roughly 3 per cent of the population. Most Arab Iranians live in the southwestern state of Khuzestan. About 70 per cent of Khuzestan's population is Arab and its capital is Ahwaz. Prior to 1925, Khuzestan was known as Arabistan and enjoyed a large measure of autonomy. In 1928, the Arabs of Khuzestan came under intense pressure to assimilate with ethnic clothing outlawed, Arabic language publications banned and schools ordered to teach only in Farsi, Iran's official language. Arab nationalist movements have existed ever since. Today there are no Arabic language newspapers in Khuzestan and Arabic is not taught in schools except for religious texts.

Independent counrtry information and information from the Iranian press which suggests that Arabs in particular and ethnic minorities in general are discriminated against in Iran

Arabs

United Kingdom Home Office Immigration and Nationality Directorate 2002 Iran Human Rights - Specific Groups

("Khuzestan as a province has been neglected by the central government.")

Amnesty International UA 184/02 Fear of ill treatment/torture/detention without charge MDE 13/009/2002

(A 16 year old Arab Iranian held at airport, possibly politically motivated)

Amnesty International UA 69/02 Torture/imminent execution MDE 13/005/2002

(Details the hanging of five Arab activists and fears for further executions)

United NationsReport on the situation of human rights in the Islamic Republic of Iran (2001) E/CN.4/2001/39

("The equality rights...to which minorities, both ethnic and religious, are entitled are by and large unrecognised." Mentions grievances of Arab community.)

A. William Samii (Senior Regional Analyst for Radio Free Europe/Radio Liberty) The Nation and its Minorities: Ethnicity, Unity and State Policy in Iran (www.regionalanalysis.org/aboutus/articles/nat_min.pdf)

(The state pursues policies of religious, linguistic and cultural unity at the expense of minority rights - this unity is imposed through force where necessary.)

Note: This document was written after October 2001, so may not be able to be used if the initial RRT hearing was before this date. However some of the material cited in it was available before this and may still be useful - specifically:

Said Jalili, "The Expediency Council and the Issue of Ethnic Groups" Akhbar-i Eqtesad, March 5, 2000 ("The specific lack of attention paid to the civil demands of ethnic groups has also led to their grievances and many frustrations")

Islamic Republic News Agency reports on the Expediency Council's policy on minorities (including to prevent "abuse of tribal and religious minorities that could lead to infiltration of foreigners and thus harming natinal unity" and that "the culture and civilisation of Islam and Iran, the Persian language and writing are key factors of solidarity") 25/9/99, 25/12/99, 22/1/2000

Radio Free Europe/Radio Liberty, 4/6/2001, Volume 4, Number 21

(Arab leaders hope an election victory will help the ethnic minorities realise their rights)

Radio Free Europe/Radio Liberty, 14/2/2000, Volume 3, Number 7

(Arab publications not permitted)

Research Directorate, Immigration and Refugee Board, Ottowa, Canada 29/6/2000 IRN34773.E Iran: Ahwaz people; Activities of Ahwaz People's Front

(History of Arabic repression and current claims of discrimination)

1998, Background Paper on Refugees and Asylum Seekers from Iran, UNHCR, Centre for Documentation and Research, Geneva, September, section. 2.4.

(Arab activists allege that the government is trying to stamp out their culture, and many reportedly live in "exceptionally depressed conditions" holding lower-paying jobs than non-Arabs in the oil industry and agribusiness.)

Human Rights Watch Iran: Religious and Ethnic Minorities, Discrimination in Law and Practice, 1997

(Clear discrimintation exists in the text of the penal and civil codes - Arabs have grievances over political restrictions, language, culture and decision making rights.)

United Nations, Report of the Sub-Commision on Prevention of Discrimination and Protection of Minorities on its 46th session (E/CN.4/1995/2, E/CN.4/Sub.2/1994/56)

("Shocked...at the situation of...the Arab minority of Iran.")

Amnesty International Iran: Victims of human rights violations (MDE 13/10/93)

(mentions the case of a member of the Arab community of Ahwaz)

Ethnic minorities

United Nations General Assembly8/9/2000 A/55/363 (Iran)

("The status of ethnic and religious minorities remains largely unaddressed. The alientaion of some ethnic minority groups by the Government's tacit policy of assimilation continues to grow....minorities remain seriously disadvantaged in law and in practice." Includes an example of the consequences of advocating for ethnic minority cultural rights through an Azeri (another of Iran's ethnic minorities) activist.)

Amnesty International - Report - IOR 42/01/98, United Nations (UN) The 86th International Labour Conference, Amnesty International's Concerns Relevant to the Committee on the Application of Standards, May 1998 (Quoted in RRT N00/34770 - 29/9/2000)

("Serious human rights violations have continued to take place in Iran against many people from a broad range of political opposition, including...ethnic and religious minorities.")

US Department of State, Country Reports on Human Rights Practices, Iran, 2000

("The government discriminates against religious and ethnic minorities....In Iran, 'basic legal safeguards for freedom of expression are lacking, and 'generally prohibited topics' include" advocating rights or autonomy for ethnic minorities.)

Amnesty International, Iran: Human Rights Violations against Shi'a Religious Leaders and their Followers MDE 13/018/1997

(Victims of human rights violations have included ethnic and religious minorities)

Independent country information and information from the Iranian press which suggests current Arab separatist activity in Iran

United Kingdom Home Office Immigration and Nationality Directorate 2002

("As recently as January 2002 five Arab activists were hanged in Ahwaz for arms smuggling.")

Amnesty International Annual Report Iran 1999

("The government continued to face armed opposition from...Arab separatist groups in Khuzestan - "political prisoners serving long prison terms after unfair trials...included...supporters of other groups representing ethnic minorities such as...Arabs.")

Amnesty International Annual Report Iran 1998

("The government continued to face armed opposition from...Arab groups in Khuzestan")

Amnesty International Annual Report Iran 1997

("The government continued to face armed opposition from...Arab groups in Khuzestan....political prisoners serving long prison terms after unfair trials...included...supporters of other groups representing ethnic minorities such as...Arabs.")

Hojatoleslam Ali Yunesi (Minister of Intelligence and Security), cited by Islamic Republic News Agency (IRNA) May 6, 2001 (warned of the "enemy's deceitful use of ethnicity as a tool in conspiracy")

Jomhuri-yi Islami, February 3, 2000 (In Khuzestan, "(s)ome of the candidates and their supporters (were) involved in inciting nationalist...and provoking ethnic tendencies among the people to obtain votes.")

Human Rights Watch World Report 1999: Iran

("Hundreds of people were executed after trials that failed to comly with minimum international standards. In June, the daily newspaper Hamshahri, reported the public hanging of four young men in the city of Ahwaz, in the south, for "insulting" Leader Khamene'i and "armed robbery.")

1997, Background Paper on Refugees and Asylum Seekers from Iran, UNHCR, Centre for Documentation and Research, Geneva

("Protests and incidents of sabotage of oil pipelines have allegedly been attributed to Arabs.")

Research Directorate, Immigration and Refugee Board, Ottowa, Canada 29/6/2000 IRN34773.E Iran: Ahwaz people; Activities of Ahwaz People's Front

(details of groups involved in separatist activity)

Radio Free Europe/Radio Liberty, 14/2/2000, Volume 3, Number 7

(Khuzestan election candidates and supporters are "provoking ethnic tendencies")

Independent counrtry information which suggests that asylum seekers returning to Iran would be at risk

Research Directorate, Immigration and Refugee Board, Ottowa, Canada (May 1997) Human Rights in Iran: Update on Selected Issues

("there is no predicting who can safely return to Iran....According to Saeed Rahnema, there are "all sorts of authorities that decide" what might happen to a person on return, because, although the central government creates policy, local authorities, such as the Friday prayer leaders...vary in their interpretation of policy. Rahnema concludes by saying that what happens to an Iranian national on return "depends on which Komiteh, which Mullah, who is judge, which local authorities.")

US Department of State, Country Reports on Human Rights Practices, Iran, 2000

("Citizens returning from abroad sometimes are subject to search and extensive questioning by government authorities for evidence of antigovernment activities abroad. Cassette tapes, printed material, personal correspondence, and photographs are subject to confiscation.")

UNHCR/ACCORD: 7th European Country of Origin Information Seminar Berlin, 11-12 June 2001 - Final Report

("If they assume that a person has returned from a country like the USA this person certainly will be questioned and undergo stringent checks.")

The Age, 29 April 2002, Detainees arrested on return to Iran, by Russell Skelton

Possible arguments

If the applicant has been involved in Arab political or cultural activity it could be argued that they are being persecuted for the reason of membership of a particular social group, that being people who advocate for or undertake public activity in support of ethnic minority rights.

If the applicant supports an independent state of Khuzestan they could be persecuted for their political opinion. A political opinion is not always accompanied by political activity and can be imputed.

Immigration and Refugee Board Documentation Centre, Immigration and Refugee Board, Ottawa, Canada, Iran: Political Opposition (19 January 1990), ("Membership in or support of political opposition movements is one of the 109 crimes punishable by death in Iran.")

If the applicant was involved in political activity –almost all the independent country information contains penalties for handing out leaflets and involvement in “propaganda against the state” – contact me for more details

At least one RRT member has been found to be biased - in some cases they have behaved in a sarcastic and adversarial manner, but this may not be reflected in their written decision. Listen to the RRT tape.

Interpreters lead to imprecise tranlations, summaries of answers may be in words not chosen by applicant. Each applicant tells their story five times, all through interpreter: initial interview, application for protection visa, protection officer interview, RRT written statement, RRT appearance. Number of tellings, passage of time, through interpreter, means it is inevitable versions will be different.

Some applicants didn’t tell their whole story at the first interview because newspaper articles circulated in the detention centres detailed the close relationship of the Iranian and Australian governments, they had been told by customs officers and others they would be deported and they feared the consequences of telling their whole story – I can get copies of these articles.

A number of detainees attended a meeting at Curtin where someone from the Department and the interpreter Ms Puni (?? spelling) told them to keep their initial interview brief and that they would have three other interviews at which they could speak in more detail.

Other useful resources

UNHCR/ACCORD: 7th European Country of Origin Information Seminar Berlin, 11-12 June 2001 - Final Report

(Details offences and punishments in the penal code for vaguely worded offences relating to state security, including following or supporting an armed uprising, regardless of involvement in the armed wing. Also, "...one should always take into account the arbitrariness and inconsistency in application of the legal system that is part of everyday life in Iran....One should therefore liberally use the principle of the benefit of the doubt...with respect for Iranian asylum claims.")

Commission on Human Rights resolution 2000/52 Rights of persons belonging to national or ethnic, religious and linguistic minorities

("Reaffirms the obligation of States to ensure that persons belonging to national or ethnic, religious and linguistic minorities may exercise fully and effectively all human rights and fundamental freedoms without any discrimination and in full equality before the law in accordance with the Declaration of the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.")

Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities Report on the Working Group on Minorities on its fifth session E/CN.4/Sub.2/1999/21 (24/6/1999)

(Outlines rights under the Declaration of the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. These include the right to enjoy their own culture, religion and language, including having instruction in their mother tongue, to participate in social, economic and public life, including equal access to public sector employment, and to participate in decisions concerning them.)

Refugee Status Appeals Authority (www.refugee.org.nz/rsaa/text/docs/2039-93.htm) Appeal No. 2039/93 (1996)

(Case of Arab Iranian granted refugee status, partly on the basis of ethnicity)

For information about the history of Khuzestan (Al-Ahwaz) visit the Arab Iranian websites www.alahwaz.com or www.al-ahwaz.com

Arab Iranian expert Dr Ali al-Taie, Professor of Sociology, Head of Department of Social Sciences, Shaw University, North Carolina (Aaltaie@Shawu.edu) is prepared to provide expert opinion that Arabs are discriminated against in Iran, that there are separatist activities there, that Arab cultural activities, in light of their historical and current context, are in fact political and that returning asylum seekers would be in danger.