Iran – UN Fact-Finding Mission urges withdrawal of bill criminalizing contact with foreign entities

OHCHR

GENEVA – The UN Independent International Fact-Finding Mission on Iran called on the Government to immediately withdraw draft legislation currently before parliament that could lead to the imprisonment of journalists, academics and activists for up to 30 years simply for communicating with foreign persons and entities.

Under the “Countering Foreign Infiltration” bill, alleged cooperation or interaction with designated foreign states, media outlets, academic institutions, human rights defenders and civil society groups could be prosecuted as major security offenses. The Mission warned that the broadly framed measure constitutes a dangerous escalation in suppressing fundamental freedoms and isolating Iranians from the international community.

“We are appalled at the steps by the Government of Iranian to subject everyday Iranians to blanket criminalisation for any contact with the outside world when people are already suffering from isolation due to long-standing international sanctions, the Government’s repression of recent protests, the longest ever Internet shutdown, and the U.S.-Israeli airstrikes,” said Sara Hossain, chair of the Mission.

The broad and vaguely worded bill requires Iranians to declare and register “activities with foreign agents or foreign nationals” and obtain approval from an online system that prioritises security considerations of the Ministry of Intelligence and the Intelligence Organization of the Islamic Revolutionary Guard Corps (IRGC).

Under the bill, Iranians face criminal prosecution if they fail to obtain prior approval for routine activities, such as publishing books and articles, sharing data and analysis, engaging in scientific or academic cooperation, interacting with foreign and designated “hostile” media, or operating a newspaper or website.

Cultural and social activities also require approval under the bill, including participation in workshops and training courses (in-person or virtual), scientific conferences and artistic festivals, obtaining certificates and other distinctions, and the production, performance and exhibition of films, music, and visual arts.

Economic, commercial and financial activities are equally subject to approval, including the transfer of money or provision of goods or services.

“If implemented, this bill would subject all interactions with the outside world to Government control and sanction, the law also would further curtail the rights of citizens, with consequences for commerce, education, freedom of expression and the pursuit of justice among other areas,” said Viviana Krsticevic, an expert member of the Mission.

The signing of this bill into law would have a chilling effect on any interactions by Iranians with individuals and institutions abroad and impact all aspects of life, including small-scale commercial activities. It would immediately violate the human rights of ordinary Iranians, including the right to freedom of expression and to seek, receive and impart information and ideas of all kinds, and the right to freedom of association. It would also undermine the rights to education, to work, to an adequate standard of living, and to take part in cultural life. Punishment under this law would further violate the right to personal liberty and security.

The Mission recalls that under Human Rights Council resolutions 12/2, 24/24 and S-39/1, civil society actors and victims of human rights violations have the right to unhindered access to and communication with this Mission without fear of intimidation or reprisal. The Mission will submit information on any alleged reprisals for cooperation with its mandate to the Secretary General for his annual reports on Cooperation with the United Nations, its representatives and mechanisms in the field of human rights.

“Punishing any interaction by Iranians or persons living in Iran with the Mission under this bill constitutes a reprisal and the threat of criminalising such activity is a form of intimidation and oppression,” said Max du Plessis, an expert member of the Mission. “We will monitor the situation and regularly report to the Human Rights Council on this issue.”

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