“Iranians inside and outside the country are divided whether to vote in the upcoming election or to boycott it. “According to Article 20, “Everyone has the right to freedom of peaceful assembly and association.” While the Constitution of the IRI recognizes this right, exercising it has always been problematic. Cases in point are the student movement in 1378 that was crushed by the security forces, and the more broad-based public demonstrations in 1388 where many citizens were either killed, maimed or jailed—some still linger behind bars—or left Iran.
“Article 21 states:
(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
“Free elections have always been a hot topic in Iran. Recently, Mr. Khamenei was so upset over related altercations that he said, “Haven’t elections been free over the last 34 years?” Even Mr. Hassan Rouhani, a likely presidential candidate, expressed doubts about the fairness of the process when he spoke at Tehran University recently.
“The Guardian Council plays a pivotal role in elections as it has the authority to confirm or reject candidates without being accountable to anyone; it also confirms or rejects the election results. The Supreme Leader appoints six clerics to this body; its membership has not included any women to date.
“An objectionable new development is that to claim their eligibility, individuals collect signatures. Candidates ought to be presented by political parties; people ought to be able to join parties and support their favorite candidates through that system.
“The IRI Constitution has created many barriers to free elections. Article 115 states that the president is elected from among religious and political leaders; it also adds certain requirements such as Iranian citizenship, but does not stipulate male gender as a requirement. Yet the Guardian Council has never accepted a female candidate. Religious minorities are also discriminated against and may not assume leadership over Muslims.
“According to Article 4 of the Constitution, laws and regulations may not contradict Islam.
“Since 1370, the Guardian Council has denied all candidates who have disputed the Supreme Leader’s political views.
“On 26 March, 1994, the Inter-Parliamentary Union issued the “Declaration on Criteria for Free and Fair Elections” according to which “In any State the authority of the government can only derive from the will of the people as expressed in genuine, free and fair elections held at regular intervals on the basis of universal, equal and secret suffrage.” The IRI is signatory to this declaration but given that its Constitution denies women, non-Muslims, and political opponents the right to run for office, it does not follow its guidelines.
“Before the [1979] Revolution, a general referendum was held asking people to vote yes or no to an “Islamic Republic.” The public had not been informed about the nature of government being proposed and did not understand the question, and in the excitement of the moment, overwhelmingly voted yes. Had people known what the question implied, they might have voted differently, or at least not in such large numbers. Alas, instead of asking, What is an Islamic Republic?, they voted for it based on their image of Islam as forgiving and compassionate.
“The regime in Iran has dismissed all the rights and obligations of the Declaration; there are no political parties, nor an impartial body to weigh complaints; judges are appointed and removed by the head of the judiciary who is appointed by the Supreme Leader.
“The Inter-Parliamentary Declaration does not have the power to enforce the standards or punish states that ignore them. The Iranian regime is not concerned about its international image, therefore unlike most other states it ignores the Declaration with impunity.
“The IRI Constitution does not accommodate free and fair elections given its religious framework. Prevalent self-censorship, unbridled political oppression, and the absence of a free press in Iran rule out the possibility of free elections. One can only hope that the numerous junior political leaders inside Iran and the Diaspora may be able to persuade the regime to relax its restrictions, a peaceful transition being more desirable than a bloody revolution. Of course a transition cannot be achieved within the framework of the present Constitution; even the Reformists have admitted as much.
“Nelson Mandela was able to communicate with the outside world during his 27-year-long incarceration; he succeeded in bringing about a peaceful revolution and was unanimously elected as its leader. Currently, there are numerous political prisoners in Iran but unlike Mandela they are unable to mobilize the public. If leaders within the student, women’s and labor movements, journalists and other activists inside and outside Iran, whom I call “junior leaders” collaborate, they might be able to create the conditions for free elections.
“The 2009 Green Movement was driven by the middle- and upper classes in urban areas; it could recur on a broader base to include populations in small towns and rural areas; recent protests in Esfahan and Hormozgan, about water and mining, respectively, are cases in point. As in the case of Mandela who was invited by the Apartheid regime itself to lead the peace and reconciliation process, the Iranian regime may also someday move in that direction out of fear of altogether falling apart. While many important members of the opposition have left the country, the Iranian public is alive. Some believe young people have lost interest in politics, but that was how they were portrayed before the Green Movement as well; it is a mistake to underestimate the new generation.
“To sum up, the current election is neither free nor fair, yet no-one has the right to prevent people from participating in the process. Iran is on a natural course toward the future. We should continue to protest human rights abuses and push for the reinstatement of Ahmad Shaheed’s position [as UN Rapporetur on Human Rights in Iran].
“Iran does not conduct surveys; if people had the opportunity to voice their opinions freely, our foreign policy might take a different track. Given the prevailing system for validating presidential candidates, and fraudulent elections, Parliament and the various councils have lost touch with reality.”
Balavision conducted an online survey of Iranians prior to the 2013 presidential election, as follows:
Q1: Which elections have been free and fair to date? 
A1: None = 77.2%
Q2: Of the 270-member Parliament in the IRI, Zoroastrians and Jews each are allocated one representative; Christians, Assyrians and Chaldeans share one; and northern and southern Armenians have one each. Is this constitutional law fair?
A2: Yes = 18.2%; No = 81.8%
Q3: With the Universal Declaration of Human Rights (UDHR) in mind, which of the following are not eligible to serve as president of the Islamic Republic?
A3: A crook = 47.3%; an atheist = 7.8%; a homosexual = 10.9%; a Buddhist = 7%; All the above are eligible = 27%
Q4: According to the current election law, religious minorities are not eligible to serve as president. Do you agree or disagree with this law?
A4: 9.6% = agree; 90.6% = disagree
Q5: According to the UDHR, everyone has the right to freedom of peaceful assembly. Which of the following are in conflict with the UDHR?
A5: Society of Satan Worshippers = 12.97%; atheists = 0%; Iran-America Friendship Society = 0%;
Group in Defense of the Right to Education = 5.1%; Society for Propagation of Baha’ism = 2.5%; Ansaar-e Hezbollah = 79.7%