In fact, the Islamic Republic is a mode
of government in which power, supposedly emanating directly from God,
is exercised by those invested with religious authority. The theory of
velayat-é-faghi (rule by theological jurisprudence), cornerstone of the
Iranian system, the concept on which the whole institutional edifice
rests, is the sole theocratic theory in the Muslim world. At the same
time, and this epitomises the complexity and paradox of the Iranian
model, this theocratic nature combines with a republican dimension
appealing to popular participation, and an electoral apparatus close to
the democratic model. A network of institutions whose members are
nominated and controlled by the powerful and conservative Supreme Guide
of the Revolution thus coexists with an elected president and
parliament.
Religious authority
The
Supreme Guide: The real head of state is the Supreme Guide of the
Revolution, theoretically elected by an Assembly of Experts of 86
religious members, an assembly itself elected for eight years by direct
universal suffrage with a generally very low rate of participation. The
Guide is appointed for life and can only be relieved of his functions
in exceptional circumstances. The Guide intervenes most often in
relation to legislative power; but also dominates the judiciary and
designates the head of the judiciary system. The Guide also designates
six members (out of twelve) of the powerful Council of Guardians of the
Revolution, the commanders of the armed forces, the imams for Friday
prayers and the director of the radio and television station. The Guide
also validates the election of the president and sets the guidelines
for the general policy of the regime.
The
Council of Guardians of the Constitution: Under the control of the
conservatives, this institution is the body that exercises the most
influence in Iran. The Council is made up of twelve members who serve
for six years, six theologians appointed by the Supreme Guide, as well
as six jurists (generally also clerics) designated by the judges and
whose nomination is approved by the parliament. The Council has to
approve legislation passed by the parliament. It has the power to use
its right of veto, if it considers that the laws passed by parliament
are incompatible with the Constitution and Islamic law. The Council can
also prevent any candidate from running at the parliamentary and
presidential elections, or being elected to the Assembly of Experts.
All initiatives aimed at reducing the discretionary powers of the
Council have until now foundered. The Council had barred more than a
thousand candidates at the 2005 presidential election, with only five
being authorised to run.
The
Expediency Discernment Council: This council, created by a decree by
Khomeiny in 1988, includes about thirty members, all designated by the
Supreme Guide. It is a consultative organ that subjects its conclusions
to the Supreme Guide. This institution is at the same time authorized
to settle all litigation of a legal nature between the parliament and
the Council of Guardians. In certain exceptional circumstances, the
Expedience Discernment Council can exercise a legislative function. In
October 2005, the Supreme Guide gave the Council the “attributes of
surveillance” to follow the activities of the other branches of the
government, delegating a part of his powers within the limits of the
Constitution.
The
Assembly of Experts: The members of the Assembly of Experts nominate
the Supreme Guide, closely follow his performance and can remove him if
he is deemed incapable of fulfilling his duties. The Assembly holds two
ordinary sessions every year. The direct election of 86 members of the
Assembly is organised every eight years. The next elections are
envisaged for 2007. The members are elected for a term of eight years.
Only religious figures are authorised to run for election. The
candidacies are examined by the Council of Guardians.
The
judicial system: The Iranian judicial system has never been able to
shake off the weight of politics. Until the beginning of the 20th
century, it was under the control of the clergy. The system was
subsequently secularised. But after the revolution, the Supreme Court
abrogated all law deemed not to conform to Islam. New laws, inspired by
Sharia - the legal code of Islam - were introduced. The judicial system
guaranteed that Islamic laws are applied and defined the country’s
legal environment. The system is also empowered to nominate six members
of the Council of Guardians. The head of the judicial system is
nominated by the Supreme Guide to whom he personally reports. In the
course of recent years, the ultra-conservatives have used the legal
system to counter several reforms. To do this, they have imprisoned
reformers and journalists, while forbidding the publication of
newspapers of the reformist current.
Republican dimension
The
president is elected for a term of four years, and is limited to two
consecutive terms. The Constitution presents the president as the
second personality of the country. As head of the executive wing of the
regime; the president is charged with guaranteeing the application of
the Constitution. But in practice, the prerogatives of the president
are limited by the religious figures and the conservatives, as well as
by the authority of the Supreme Guide. It is the latter, and not the
president, who controls the armed forces and takes decisions in the
area of security, defence and foreign policy. Candidates for the
presidency are carefully examined by the Council of Guardians. This
institution opposed hundreds of candidacies during the 2005 elections.
That year, the conservative mayor of Teheran, Mahmoud Ahmadinejad,
acceded to the post of president, after having defeated Hachemi
Rafsandjani (who was president from 1989-1997) during the second round
of the election. Rafsandjani had denounced “an illegal campaign aimed
at discrediting him”. Ahmadinejad replaced Mohammad Khatami, elected
president in May 1997, who had not succeeded in persuading the Council
of Guardians to approve the adoption of important reforms. He
encountered numerous obstacles, after the conservatives regained their
parliamentary majority in 2004.
The
government: the members of the government are appointed by the
president. Their nomination must be approved by parliament. The latter
had in 2005 rejected four ministers chosen by president Ahmadinejad.
Parliament can also remove ministers. The Supreme Guide is broadly
involved in the management of matters linked to defence, security and
foreign policy. The Council is placed under the authority of the
president or vice-president who are responsible for the activities of
ministers. The government of Ahmadinejad includes two religious figure,
six pasdaran and no women.
Parliament:
The Islamic Republic also has a Parliament, whose 290 members are
elected by universal suffrage by the whole of the population aged over
15. Candidates in parliamentary election have to be approved by the
minister of the interior, the minister of information and above all the
Council of Guardians, or Council of Surveillance. Parliament has the
power to introduce and vote on laws, and can summon or dismiss
ministers, or the president. However, all laws adopted by the
Parliament must be deemed compatible both with the Constitution and
above all with Islam, by the very conservative Council of Guardians of
the Revolution. So far as parliament is concerned, the Council of
Guardians controls entry through deciding on the validity of
candidacies, and output through its judgements on the conformity of the
laws that the parliamentarians have drawn up. A majority of elected
so-called “reformers” entered parliament, in 2000. It would be
different four years later, in 2004: A good number of reformist
candidates were not authorised to take part in the elections. The
current president of the Parliament however has family links with the
Supreme Guide, the Ayatollah Khamenei, one of whose sons is married to
his daughter.
The armed forces
The armed forces comprise the Guardians
of the Revolution (Pasdaran) and the regular forces. The two bodies are
placed under a joint general command. The main heads of the army and
the Guardians of the Revolution are appointed by the Supreme Guide and
only report back to this person. The corps of the Guardians of the
Revolution was created after the revolution of 1979, to protect the new
leaders and the institutions. They also have the role of fighting those
who are opposed to the revolution. The Guardians of the Revolution are
powerfully represented in the other institutions. They control the
volunteer militias who operate in every town.
This rapid overview of the
institutional edifice of the Islamic regime of Iran shows clearly that
this system has nothing to do with a Republic or a modern rational
state. It is a theocratic regime disguised under a republican mask, in
other words a “Caliphate”.
Houshang Sepehr
is an exiled Iranian revolutionary Marxist militant. He is an organizer
of Solidarité avec les Travailleurs en Iran (“Solidarity with the
Workers in Iran”), 266 avenue Daumesnil, 75012 Paris) and a member of
the Fourth International.
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