The Utility of the UN Report on Iran and Amini’s Legacy for the Advancement of Women’s Rights

by | May 22, 2024

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About Mia Swart

Mia Swart is a Visiting Professor at the University of the Witwatersrand. She formerly worked as Professor at the University of Johannesburg and Associate Professor at the University of the Witwatersrand in Johannesburg, She is also a former producer at Al Jazeera Media Network and writes on international criminal law, transitional justice and human rights law. She has consulted for UNDP in Palestine and Amnesty International in Southern Africa. She obtained a PhD from Leiden University and LLM from Humboldt University in Berlin.

In Iran and across the globe, the name Mahsa Amini has become synonymous with the suppression of women’s rights in Iran. Of Kurdish origin, 22-year old Amini died on 16 September 2022 as a result of being beaten by Iranian police while in custody, after being arrested for not wearing the hijab in accordance with government standards. Eyewitnesses who were detained with her reported that she was severely beaten and died as a result of police brutality.

Her death sent shockwaves through Iran and the subsequent protests in cities across the country highlighted the plight of women in Iran generally. Iranian women formed a revolutionary movement characterised by the slogan ‘Women, Life, Freedom’ and support for the movement transcended gender. However, the protests were violently suppressed across Iran as authorities vilified protesters and used physical, psychological and sexual violence as well as a wide range of other means to suppress peaceful dissent. For example, Amnesty International further reported that security forces had shot into the crowd with live ammunition. The protests coincided with a renewed yearning for secular democracy in Iran.

The Independent International Fact-Finding Mission on the Islamic Republic of Iran was established by the UN Human Rights Council as a response to the killing of Amini and the September 2022 protests. The body, chaired by Sara Hossain, issued its first report in March 2024 (the “UN Report”), which should be read and understood in the context of the events described above. The UN Report stated that the crimes committed under international law in the context of the 2022 ‘Woman, Life, Freedom’ protests include extrajudicial and unlawful killings and murder, unnecessary and disproportionate use of force, arbitrary deprivation of liberty, torture, rape, enforced disappearances, and gender persecution. As of September 2023, 551 people were killed during these protests, and among them as many as 49 women and 68 children. The fact that a large number of male protesters were killed shows how actively Iranian men are identifying with the issues women are protesting about. To them, women’s rights are rights that affect their overall liberty. This is consistent with polls illustrating Iranian men’s support for ‘women’s issues’ in Iran, for example, a 2022 poll highlighting that Iranian men strongly disagree with the mandatory imposition of the hijab.

The UN Report found that gender persecution, in the context of the protests and its aftermath, intersected with discrimination on the basis of ethnicity and religion. It called for justice, truth and reparations for the victims, for the halting of all executions and for the immediate release of the protesters.

The UN Human Rights Council urged the Government of the Islamic Republic of Iran to cooperate fully with this Fact-Finding Mission, allow it unhindered access to the country, and provide it with the information necessary to fulfil its mandate. The Mission regretted the Iranian government’s lack of cooperation, particularly as this is not the first instance of Iran’s non-cooperation with UN investigative bodies. For example, the Special Rapporteur on the human rights situation in Iran, Javaid Rehman, was again denied entry into the country in 2023.

In the context of Iran, it is unfortunately highly unlikely that the Mission’s demands and recommendations will be adhered to. Whereas it can be argued that the mere act of documenting human rights abuses and atrocities has value in itself as a form of truth telling, it is time to ask what exactly the utility of such reports is if they are routinely ignored.

The ‘Woman, Life, Freedom’ movement in Iran is still alive today and has gained support from women’s rights organisations across the world. A movement of such brave women deserves a UN that is serious and consistent about women’s rights and that will forefront upholding consequences for states that do not adhere to women’s rights conventions. The UN should follow-up on its report by finding ways to put diplomatic and other forms of pressure on the Iranian government to adhere to its findings on women’s rights. Moreover, the UN must be more consistent in its condemnation of the draconian measures taken against female protesters in other parts of the Middle East, particularly in Saudi Arabia. For the time being, the memory and legacy of Amini is tainted by its hollow gestures.

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