Iran Refugee Religious
1.1 This report will aim to deliver how the present condition of Iran suggests that an individual from Iran could be entitled for a refugee status by fulfilling the grounds of well-founded fear expressed in the Refugee Convention 1951. There are a numerous reasons as to why citizens of Iran may confront maltreatment and this report will focus on maltreatment in relation to religious grounds, particularly in connection with the religion of Christianity and those who have committed apostasy.
Background Evidence
2.1 Even though the state of Iran is governed by an Islamic Constitution, it identifies Christianity to be amongst one of the three religious minority groups in which the right to religious education and religious practice is assured to every citizen. On the contrary, there is evidence to show that the Iranian government do not entirely act upon this legislation.
2.2 As Iran developed as an Islamic (Shariah Law) country, it showed indications of discrimination in respect of education, property ownership and employment towards religious groups and ethnic minorities. The Ministry of Islamic Guidance (MIG) have strongly monitored and closed many Churches and Christian Training Centres. As a result, many priests and strong believers have had to secretively open places of worship for Christians. The US State Department Report on Religious Freedom in Iran 2003 expresses these points and explains further as to how minority religious groups are discriminated in the state of Iran. This confirms that Christians do not benefit from the Constitutional rights given to them by the state of Iran and consequently, have to suffer stern persecution.
2.3 The state of Iran relies profoundly on Islamic (Shariah) law. The Shariah law is the legal framework in which Muslims seek guidance as to the way of belief and practice. In accordance with this law a Muslim may not convert to another religion. Proselytism is forbidden for Muslims and those convicted of apostasy could face the death penalty. Furthermore, the Iranian Constitution discriminates against religious groups and minorities and those in opposition of this Constitution are subject to arrest, attack and even the death penalty.
2.4 Many incidences of apostasy usually occur from the religion of Islam to Christianity. There have been reports as to Christian converts disappearing or being executed by the local authorities. It is apparent that due to harassment, maltreatment and discrimination, religious minority groups have remained silent in fear of being maltreated or their community being maltreated. Many Christians are frightened to approach their government to report incidents of maltreatment. The only time when incidents like this are reported is usually when a refugee has moved to another country and their safety is assured. Even then many refugees fail to report these unpleasant incidents, even though they are safe, simply because they know they are not going back. Those refugees who do report incidents of maltreatment may do so but this may be years later.
Protection
3.1 In order for an Iranian citizen to qualify as a refugee they meet the criteria outlined in the Refugee Convention Article 1A (2) which stipulates that "a person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of their nationality, and is unable to or, owing to such fear, is unwilling to avail him/herself of the protection of that country".
3.2 Maltreatment alone is inadequate for an Iranian citizen to be accepted as a refugee. The above criteria must be met. Usually, the citizens in Iran are unlikely to be maltreated on the foundation of Nationality or Race. However, it is highly probable for them to be maltreated on the grounds of Religion, Membership of a particular social group or Political opinion. Many homosexuals and women in the state of Iran are continuously besieged, discriminated, held under illegitimate incarceration and maltreatment. Citizens of this sort would be categorised under the criteria of Social groups. The state of Iran is notorious for targeting political activities and therefore, it can be categorised under the criteria Political opinion.
3.3 In relation to religious minority groups the International Covenants on Civil and Political Rights stipulates in Article 18 that ‘No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice', and this freedom includes the right to change faith and hold a different view from the official state religion. It is apparent that the people of Iran are absent from this freedom due to proselytism and apostasy being a crime that is punishable by death. Moreover, the state of Iran offers no protection for people wanting to change their religion. This is a crime where citizens are liable to be punished under Iranian law.
3.4 It is evident that Iranian citizens cannot embrace the state protection of Iran with open arms as it is one that continues to persecute Iranian citizens on Convention grounds such as religion, political opinions, social groups and so forth. Iran may decide to persecute someone with different reasons, but if the convention ground requirement is established then that will be sufficient for an Iranian citizen to obtain a refugee status. A refugee claiming that he is being maltreated on grounds of religion is more likely to be granted as Iran's constitution is influential upon Shariah law.
Standard of Proof
4.1 Persecution in any state is an infringement of fundamental human rights and a malfunction of state protection. The notion of “well founded fear” has been acknowledged as taking into account a subjective and objective appraisal. Both elements must be considered to determine whether well founded fear is present. Fear could be described as a sensation of threat where serious harm could occur. It is nothing more or less than a belief of what could happen.
4.2 Common law suggests that in order for the standard of proof indicating that the fear is ‘well founded' there must be a ‘serious possibility' or ‘reasonable degree of likelihood' present. This was illustrated in R v SSHD ex p Sivakumaran. Previous experience to persecution or maltreatment is usually adequate evidence to take into consideration if an individual is probable to be persecuted in the future. In order for an Iranian citizen to be granted refugee status he would need to show that there is a reasonable likelihood of persecution as one of the convention grounds. Furthermore, there are numerous cases and precedent material in Iran to illustrate that homosexuals, women and religious minorities have been maltreated and persecuted and will continue to in the future.
4.3 For an Iranian citizen to be granted refugee status he need not show that he is being targeted independently. The convention grounds express that being part of a group which is randomly targeted in Iran would be adequate to receive refugee status. Thus, Iranian citizens would only need to prove that there is a reasonable chance their group being persecuted will occur.
Conclusion
5.1 In light of all the facts and information present, it is evident that Iran is insecure and dangerous as there are numerous Iranian citizens being maltreated and persecuted on conventional grounds. According to many reports Iranian citizens feel that they are not being protected by their state and are equally, being maltreated.
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