Parties Law and Its Relevant Executive Regulations

Identity Card of Political Parties and Groupings in Islamic Republic of Iran (Book)
By: Parties Commission Secretariat, Political Department, Ministry of Interior
Pages: 11 - 22
Word Count: 3798

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