Text: The activities of political and trade parties,
societies and associations as well as Islamic or religious minorities societies,
and the relevant executive regulations
Ministry of the Interior
The Law on activities of political and trade parties, associations and
societies as well as the Islamic and recognized religious minorities societies,
which was ratified by the Islamic Consultative Assembly (Majlis) in its Aug. 29,
1981 session and confirmed by the Council of Guardians, and which, through
letter No. 612 dated Oct. 4, 1981 of the IRI Provisional Presidential Council,
had been communicated to the Prime Minister's Bureau, is hereby communicated for
execution.
Prime Minister: Mohammad Reza Mahdavi Kani
Chapter One: Definitions
Article 1: Political parties, associations, societies and
organizations, and such like, are organizations which have articles of
association and which have been established by real persons believing in certain
essential policies and ideals and whose objectives, behaviors and programs are
somehow related to the administration of the state and general policies of the
Islamic Republic of Iran.
Article 2: Trade society and association and unions, and
such like, are organizations which are established by holders of a special trade
or profession, and whose objectives, behaviors and programs are somehow along
the special interests of that guild or trade.
Article 3: The Islamic association of any administrative,
educational, trade, industrial and/or agricultural unit is an organization
consisting of voluntary members of that organization and whose objective is to
get to know and to make known Islam as well as to command what is good and
enjoin what is forbidden and unlawful, and to propagate and spread the Islamic
Revolution.
Article 4: The society of religious minorities, subject to
Article 13 of the Constitution, is an organization consisting of voluntary
members of the same religious minority, whose aim is to solve the religious,
cultural, social and welfare problems that are peculiar to that minority.
Article 5: By the groups mentioned in the succeeding
articles of this Law are meant the political and trade parties, societies and
associations and the Islamic or religious minorities societies recognized under
Article 26 of the Constitution.
Charter Two
Rights of Groups
Article 6: Groups are free to engage in activities, provided
they do not violate the rules mentioned in Article 16 of this Law.
Note 1: All groups are required to inform the Ministry of
the Interior about their platform, doctrine and articles of association as well
as their succeeding changes.
Note 2: It is free to hold marches or assemblies in public
parks and squares without carrying arms, having obtained authorization from the
Ministry of the Interior in advance provided that, at the discretion of the
Article 10 Commission, it does not disturb the foundations of Islam.
Article 7: All members of the dissolved SAVAK (former shah's
intelligence service), Freemasons, and those who, during the time interval
between Aug. 19, 1952 and Feb. 11, 1979, held ministerial posts or were members
of the Senate or the National Consultative Assembly, organizers of the former
regime and Rastakhiz Party and those who were or are being, deprived of social
rights by virtue of verdicts of courts and Islamic criteria, are barred from
establishing political parties and societies or taking part in their leadership
board and presidium.
Article 8: The Ministry of the Interior is authorized to
take steps for registration of the groups and issuance of license for them, with
due regard to this law.
Article 9: The file relative to the request for the issuance
of license, drawn up according to the executive regulations of this law, shall
be referred to the Article 10 Commission by the Ministry of the Interior within
a maximum period of one month, and, following the said Commission's approval,
the license for the groups shall be issued bearing the Minister of the
Interior's signature within ten days.
Article 10: In order to issue license for applicants and to
supervise over activities of groups and discharge of duties set forth in this
law, a commission is set up in the Ministry of the Interior comprising the
following:
1. State Public Prosecutor's representative,
2. High Judiciary Council's representative,
3. Ministry of the Interior's representative,
4. Two representatives elected by the Majlis from among the members of the
Majlis or outside nominated by one of the deputies and introduced in writing to
the Internal Commission within maximum one week before the elections. The
election date shall be announced by the Majlis Speaker at least 15 days in
advance.
Note 1: The above representatives shall be elected within
one month following ratification of this law, and the Minister of the Interior
is required to hold the first session of the said commission not later than ten
days thereafter.
Note 2: The above representatives are elected for a period
of two years.
Note 3: The Commission may ask the representatives of other
organizations and authorities for consultation. The sessions of the
Commission are deemed to be official in the presence of two thirds of the
members and its decisions shall be valid with the absolute majority of all
Commission members.
Note 4: The expenses of the Commission shall be provided out
of the credits of the Ministry of the Interior (political and social affairs
programs).
Article 11: After issuance of license, the articles of
association and the doctrines of groups must be printed and published in the
Official Gazette at the expense of the founders.
Article 12: The Commission mentioned in Article 10 is
required to consider the incoming files in turn, and if within three months
after the turn is reached it refrains from expressing a view without giving a
cause therefor, then the Ministry of the Interior is required to issue the
requested license.
Article 13: The authority to investigate complaints lodged
by groups against the Article 10 Commission is the justice court with due regard
to the Article 168 of the Constitution. The issued verdict is final.
Article 14: In their articles of association and doctrine,
the groups applying for license must state explicitly that they are bound to the
Constitution of the Islamic Republic of Iran.
Article 15: Any changes made in the leadership board,
articles of association, doctrine and platform of the groups must be
communicated to the Article 10 Commission and be investigated by the latter.
Note 1: If the declared changes, subject matter of Article
15, make the articles of association or doctrine and platform of the groups
inconsistent with Article 10, or some members of the leadership board become
subject to Article 9, then the Article 10 Commission shall seize the license of
the group.
Note 2: Within one month from the date of notification of
seizure and/or its publication in a widely circulated newspaper, the group whose
license has been seized can have recourse to a court. The court shall consider
the case within three months and shall issue a final verdict.
Article 16: The groups covered by this law should refrain
from the following cases and matters in their publications, assemblies and other
activities:
A- Committing acts which may violate independence of the state.
B- Any kinds of contacts, exchange of information and collusion with embassies,
legations, government organs and parties of foreign countries, at any level and
in any form, which may be harmful and injurious to freedom, independence and
national unity and interests of the Islamic Republic of Iran.
C- Receiving any kind of financial and logistical assistance from foreigners.
D- Violation of legitimate freedom of others.
E- Resorting to accusations, slander and rumor mongering.
F- Violation of national unity and perpetration of some acts such as planning to
disintegrate the country.
G- Making efforts to create and intensify the division within ranks of the
nation, using various cultural, religious and racial grounds existing in the
society of Iran.
H- Violating Islamic standards and the basis of the Islamic Republic.
I- Anti-Islamic propaganda and publication of seditious books and literature.
J- Hiding, keeping and carrying unauthorized arms and ammunitions.
Article 17: If the organizational activities of a group give
rise to the violations mentioned in Article 16, then the Commission can act
according to the following details, as the case may be:
1- Written reminder.
2- Notice.
3- Seizure and cancellation of license.
4- Request its dissolution from the court.
Article 18: Budgets of groups must be provided by legitimate
and legal means and be spent in legitimate and legal ways and means.
Note: The incomes and expenses of the licensed groups are to
be registered in legal books and to be put at the disposal of the Article 10
Commission for its investigation, at the end of the fiscal year.
Article 19: The Supreme Judicial Council is required to
prepare the bill for formation of the jury for justice courts, subject matter of
Article 168 of the Constitution, within one month from the date of ratification
of this law and to submit the same to the Majlis in compliance with Article 74
of the Constitution. The above Law, consisting of 19 articles and nine notes,
was ratified in the session dated Aug. 29, 1981 of the Islamic Consultative
Assembly (Majlis).
Speaker of the Majlis - Akbar Hashemi (Rafsanjani)
Executive Regulations
Ministry of the Interior
Upon the proposal No. 2006/4/43, dated April 20, 1982, the Council of
Ministers in its session of June 20, 1982, approved the executive regulations
pertaining to the activities of political and trade parties, societies and
associations as well as Islamic and religious minorities societies concerning
the law ratified on Aug. 29, 1981 by the Majlis.
Chapter One: Formation of Groups
Article 1: In these regulations, the word group(s) is (are)
used instead of political parties, organizations, societies and associations.
Article 2: The founders of the group (founding board) are
real persons who possess the following conditions:
A- Absence of adverse records as contained in Article 7 of the Parties Law
B- Having a minimum of 25 (full) years.
C- Being bound to the Constitution of the Islamic Republic of Iran.
D- Iranian citizenship.
E- Not having bad penal record and not being deprived of social rights.
Note 1: The minimum number of members of founding and/or
leadership board is three.
Article 3: The applicants for formation of groups should
submit the following documents to the governor's office in Tehran and provinces
and obtain receipt therefor.
A- The application sheet, according to the Ministry of the Interior's form in
five copies.
B- The sheet concerning particulars of leadership and executive board in five
copies.
C- The doctrine, articles of association as well as disciplinary and financial
regulations of the group in two copies.
D- The certified photocopies of identity cards of members of founding,
leadership and executive boards in four sheets each.
E- Certificate of non penal record for each member of the founding, leadership
and executive boards.
F- Six new full face 6x4 photos.
Note 1: The term leadership group is applied to the
collection of individuals who are in charge of determining the general policy of
the group.
The founding board applies to those individuals who undertake founding the
group.
The executive board is the collection of individuals who are in charge of
implementing the decisions taken by the leadership board and other executive
functions of the group.
Note 2: The doctrine and platform of the group should
contain the following points:
A- Ideals, attitude toward official religions, cultural, economic, political,
social, military, administrative, judicial questions, and the legislative
system.
B- The aim of formation of the group.
C- Policies chosen to attain the objectives.
Note 3: The Articles of Association (constitution) must
contain the following points:
A- Type of organization
B- Main parts or organs of the organization, definition, job description, type
of activities and scope of powers and responsibility of each part or organ.
C- Manner of approval of the doctrine and articles of association, changes and
revisions thereof.
D- Manner of approval of executive regulations and instructions.
E- Mode of determining the leadership board and executive persons.
F- financial sources.
G- Conditions of membership.
H- Manner of dissolution.
Note 4: It is up to the Article 10 Commission to determine
the competence of main organs and parts.
Article 4: The request for formation of subsidiary bureaus
in any city should be submitted to the governor's office of that locality.
Having taken the security, political and social problems of the locality into
account, the governor would comment on the request received, send the results to
the governor general's office, who would also express a definite opinion thereon
and send the matter to the Ministry of the Interior for decision.
Note 1: The place of store, printing house, formation of
classes, exhibition, libraries and such like are covered by the above article.
Note 2: Apart from the places mentioned in Article 4 and
Note 1 of Article 4 about their bureaus, the groups are not entitled to work in
other places without information of, and permission from, the Ministry of the
Interior, if they are observed to do otherwise, they shall be liable to
prosecution.
Article 5: Any changes in the articles of association and
doctrine should be communicated, through the governor's office, to the Ministry
of the Interior at least one week before being put into effect.
Note 1: The doctrine and the articles of association and the
changes must, after being confirmed by the Article 10 Commission, be printed in
the IRI Official Gazette at the expense of the group.
Note 2: After publication in the IRI Official Gazette, the
changed doctrine and the articles of association shall be deemed formal and
executable.
Article 6: Any changes in the leadership board and executive
cadre should be communicated to the governor's office of the locality in writing
and by means of a formal letter bearing the group's seal within a week.
Note: The new members of the leadership or executive board,
carrying formal letters of introduction from the group concerned, should appear
personally in the governor's office and fill in the sheet of their own
particulars.
Article 7: All necessary preliminary work for decision
making by the Article 10 Commission (receiving requests, filling in the relevant
forms, making necessary inquiries, etc) are undertaken by the Ministry of the
Interior.
Article 8: When the applicant has submitted all documents
mentioned in the law, the Ministry of the Interior shall make necessary
inquiries about the founding board and other officials within a month, shall
present the file to the Article 10 Commission and shall give the relevant number
to the applicant.
Chapter Two
The Article 10 Commission of the Parties Law
Article 9: The sessions of the Commissions shall be convened
in the Ministry of the Interior.
Article 10: The sessions of the Commission shall be deemed
formal in the presence of 4 persons.
Article 11: In their first formal session, the members of
the Commission shall choose one person as secretary from among themselves or
from outside.
Note: If the secretary of the Commission is not a member of
the commission he shall not have voting right.
Article 12: The persons required by the secretariat of the
commission shall be put at its disposal by the Ministry of the Interior.
Note: The necessary credits to cover the expenses of the
Commission shall be provided in the budget of social and political programs of
the Ministry of the interior.
Article 13: The sessions of the Commission shall be chaired
by the Ministry of the Interior's representative.
Article 14: All correspondence and/or letters of invitation
shall be signed by the secretary.
Article 15: The secretary of the Commission shall assume
responsibility for programming and arranging the sessions and for inviting other
members of the Commission.
Article 16: The Commission can invite representatives of
other agencies and authorities for consultation.
Note 1: Those persons who are invited for consultation shall
have no voting rights.
Article 17: Invitation from organizations and/or
authoritative persons can be made at the proposal of any one of the members and
agreement of the other two.
Article 18: The matters approved by the Commission shall be
valid and enforceable with at least three votes.
Article 19: It is up to the Commission to decide whether or
not to issue permit to the applicants for formation of groups, which shall be
done after a full file containing the Ministry of the Interior's view has been
presented.
Article 20: The Commission is required to announce the date
of commencement of investigation of each file to the Ministry of the Interior
and to the applicant.
Article 21: The Article 10 Commission shall investigate the
violations of the groups out of turn.
Article 22: Seizure of the group's license shall be
communicated to the group in writing and shall be published in widely circulated
newspapers.
Article 23: Prior to considering any file, the commission is
required to announce the results of the previous file.
Article 24: Any working method or internal regulations and
any changes therein shall be approved by majority votes of the members of the
Commission.
Article 25: In the event that a member of the Commission
resigns, he is required to attend the sessions of the Commission as before until
appointment of a successor.
Article 26: Not later than one month before termination of
the representation period, the members of the Commission of the Ministry of the
Interior shall announce the matter to the authorities concerned for appointment
of new representatives.
Article 27: After approval of the executive regulations, the
Commission, in its first formal session, shall draw up and compile the working
method and internal rules.
Chapter Three
Holding Marches and Assemblies in Public Squares and Parks
Article 28: In accordance with Article 6 of the Parties Law,
written authorization must be obtained from the Ministry of the Interior for
holding assemblies and delivering speeches in public squares and parks.
Article 29: In order to exercise the supervision prescribed
in Article 10 of the Parties Law, the groups are duty bound to inform the
Article 10 Commission, through the governor's offices of the Ministry of the
Interior, about any kind of assemblies they may hold as group activity.
Article 30: The request for holding marches and assemblies
must be submitted in writing and personally by the official and introduced
representative of the group to the Ministry of the Interior one week prior to
their holding.
Note: It is not necessary to comply with the time limit
prescribed in this article in the case of marches and assemblies requested for
unpredictable occasions.
Article 31: For organizing marches or forming assemblies and
gatherings the group is required to submit an undertaking to the Ministry of the
Interior that it would not carry arms and would not disturb the basis of Islam
and security.
Article 32: Prior to holding marches or forming assemblies,
the group, when submitting its request, should specify the following cases and
present the necessary documents.
A- The object of march or assembly and the aim of organizing it.
B- The date of holding and hours of commencement and ending.
C- The route of the march and its beginning and end.
D- The place of making speeches and reading of resolution.
E- Full particulars of the executive and disciplinary officials of the
ceremonies together with a written letter of introduction from the group
concerned.
F- Speakers and the subject matter of speeches.
G- Slogans of marches.
H- A copy of the prepared resolution.
I- A copy of the plan and style of internal order of marches.
Article 33: Any changes in the ceremonies must be
communicated to the Ministry of the Interior at least three days before
organizing the ceremonies, and be made with the previous written consent of the
Ministry.
Article 34: After the termination of ceremonies whether
marches or delivering of speeches, the person in charge of internal order must
submit a report about the ceremonies together with a tape of speeches to the
Ministry of the Interior.
Article 35: All cases and matters mentioned in the Ministry
of the Interior's authorization are binding and enforceable.
Article 36: The local governors' offices in towns and cities
shall receive necessary documents for organizing marches or speeches or holding
assemblies, and shall send the same, with their own comments, to the governor
general's office concerned, which in their turns, shall express their explicit
opinions thereon, and send it to the Ministry of the Interior for final
decision.
Chapter Four
Religious Minorities
Article 37: The applicants for forming a society of
religious minority, subject matter of Article 13 of the Constitution, should all
be members of a recognized minority.
Article 38: In the doctrine and articles of association for
formation of the society, the objectives must be quite specific and comprise the
cultural, social and welfare problems peculiar to that minority.
Note 1: The religious problems include the following cases
and matters:
A- Organizing ordinary religious rites and ceremonies.
B- Organizing religious festivities and mourning ceremonies.
C- Organizing speeches and/or propagation seminar.
D- Publication of religious books, articles and magazines.
E- Inviting religious missionaries from other countries.
F- Reparation of holy temples and places.
Note 2: Investigation of the cultural problems includes the
following cases:
A- Propagation and dissemination of special languages concerned through
holding private classes and publications.
B- Establishment of schools and other cultural centers such as printing houses,
language centers and art centers.
Note 3: Investigation of social problems includes the
following cases:
A- Establishment of charitable funds and institutions.
B- Establishment of treatment centers.
C- Establishment of producers and distributors cooperative societies.
D- Establishment of nurseries and kindergartens and centers for old age persons.
E- Establishment of sports and healthy recreations clubs.
F- Organizing scientific, recreational and religious excursions.
Article 39: None of the cases set forth in Article 38 and
its notes should violate the laws and regulations of the state; the decision as
to whether or not they conform shall be at the discretion of the Article 10
Commission.
Article 40: The articles of association of the society of
religious minorities must, in addition to the conditions stipulated in Note 3,
Article 3 of the Executive Regulations of the Parties Law, contain the following
points:
A- Relations between the society and other religious minorities.
B- Relations between the society and other political groups and parties of the
country.
C- Relations between the society and co-religious people in other countries.
D- Relations between the society and foreign co-religious individuals residing
in Iran.
E- Relations between the society and Iranian co-religious individuals residing
abroad.
Article 41: The societies of various religions or minorities
can establish a joint association.
Mir Hussein Musavi, the Prime Minister
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