Article 26 of the Iranian constitution provides for civil society organizations (CSOs), stating that organizations are permitted if they “do not violate the principles of independence, freedom, national unity, the criteria of Islam, or the basis of the Islamic Republic.”  Subsequently, Iran’s 1982 “Law Concerning the Activities of Parties, Associations, Political Associations and Guild Associations, Islamic Associations or the Associations of Recognized Religious Minorities” outlines four types of allowable organizations.

The first type includes political parties, associations and organizations that believe in a certain ideal or policy. The second is guild associations, which are formed by members of a trade, profession or occupation and exist to achieve goals in relation to that guild’s professional orientation. They are specifically prohibited from engaging in political activities or being affiliated with political parties. The third type is Islamic associations, or volunteer organizations that exist to advance understanding of Islam and goals of the Islamic revolution. The last set of organizations is religious minority associations, which are allowed for Christians, Jews and Zoroastrians to address social issues that affect their minority. Although the Ministry of Justice maintains a registrar of all CSOs in Iran, this list is not public, leaving experts to estimate that there are 8,000 active CSOs. 

Laws intended to regulate and/or protect CSOs are often complicated and contradictory. There are numerous laws regarding CSOs dating back to pre-revolution civil code and commercial laws, as well as more recent legislation, and government officials have discretion in determining which laws to administer. In 2003, former President Mohammad Khatami attempted to consolidate the numerous laws governing CSOs, but the parliament eventually rejected his reform proposal. In 2005, however, some components of the proposed legal revisions were incorporated in the Ministry of Interior’s “Executive Regulations Concerning the Formation and Activities of Non-Governmental Organizations.”

The 2005 regulations were initially intended to encourage CSO development by streamlining organization registration, improving appeal procedures and removing the requirement that organizations obtain permission from the Ministry of Interior and provisional governor. The new system established a three-tiered supervisory board, comprised of government officials and civil society representatives at provincial, state and national levels. While the inclusion of CSO representatives may be designed to foster the independence of the body, in practice the CSO representatives usually have close ties to the government. 

The supervisory board is responsible for overseeing CSOs’ adherence to Iranian law by administering their registrations, activity permits and appeals of permit rejections.  To register, an organization must submit a policy letter describing the organization’s mission and intent, articles of association regulating organizational management, and have at least five members, two of whom must be specialists in the organization’s field of work. None of the founding members may have a criminal record, including violations of morality, or belong to organizations recognized as hostile to Iran. CSOs are banned from profit making and political activities, except political parties that adhere to particular regulations specified in the 1982 law.  If a CSO’s proposed activities coincide with a government activity, the organization must also obtain the relevant government agency’s approval. After obtaining permits from the supervisory board, organizations must also register with the Ministry of Justice.  While the stated purpose of the supervisory board was to streamline the registration and oversight process, in practice the creation of the board has not removed redundancies or delays

Once CSOs are granted permission for establishment, they are required to submit annually activity and financial operations reports to the supervisory board. The supervisory board may also request additional reports on an organization’s activity or financial records.

Additional permits may be required to carry out various organizational initiatives, such as workshops or festivals.  However, given the difficulty in obtaining them, some organizations engage in activities without permits. The supervisory board may revoke permits or seek judiciary dissolution of an organization if it deems activities to be inconsistent with the organization’s approved policy letter, articles or Iranian law.

The Iranian government does offer funds for non-governmental organizations; however, the government disproportionately offers funds to organizations that are controlled by government officials. If a CSO desires to receive funds from a foreign organization or partake in international trainings or gatherings, it must obtain approval from the supervisory board.

In addition to oversight by the supervisory board, civil society organizations are subject to judicial review.  The judiciary has wide discretion in its review of civil society cases due to the many overlapping laws regulating civil society organizations.  Judicial proceedings are often accused of bias and have been used to block civil society development through the suspension or closure of organizations and the arrest of civil society leaders.  Organizations are often accused of being tools of foreign agents or pursuing a political agenda. Under Iran’s penal code, “Offenses Against the National and International Security of the Country,” peaceful activities are suppressed and activists arrested, criminalizing anyone or groups that are perceived to disrupt national security.

Civil society has little recourse against denial of permits, judicial dissolution or membership harassment. While organizations can appeal to both the supervisory board and the courts, legal access and success is limited.  Consequently, many civil society activists are forced to work without permits, facing possible detention, or to conduct activities from exile.

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This brief was prepared by NDI’s Kristin Kooiman

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Published on August 4, 2009