Source:

Electionworld.org: Elections around the world - Iran ("Electionworld.org: Elections around the world - Iran") [ID 8278]

"Elections in Iran
Jomhuri-ye Eslami-ye Iran (Islamic Republic of Iran)

Parliament:
The Majlis ye-Shura-ye-Eslami (Islamic Consultative Assembly) has 290 members, elected for a four year term in multi- and single-seat constituencies. All candidates have to be approved by the Council of Guardians.

Majlis ye-Shura-ye-Eslami: 18 february and 5 may 2000 (83.0 %) 290

--------------------------------------------------------------------------------

Reformists (2nd of Khordad) 189
Radical Islamists 54
Independents 42
Religious minorities 5"

Document(s): Electionworld.org: Elections around the world - Iran

25.05.2005 - Source: Amnesty International

Political Developments ("Annual Report 2005") [#32306],  [ID 8275]

"[...]A new parliamentary session started in May, following controversial and flawed parliamentary elections in February which were marked by mass disqualification of sitting deputies. The elections resulted in a comprehensive victory for groups opposed to social and political reform. Some of the statements from the new parliamentarians included attacks on women said to be “improperly attired”. Incoming women parliamentarians rejected previous policies aimed at gender equality.

The emerging political trend in parliament gave impetus to members of the semi-official Hezbollah, which occasionally attacked gatherings of people they believed supported opposition political movements. It also encouraged the judiciary and its security force to limit public dissent, resulting in arbitrary arrests and the detention of prisoners in secret centres. In the latter half of the year in particular, practices employed by the judiciary – including arbitrary arrest, denial of legal representation and detention in solitary confinement – were responsible for most of the human rights violations reported in the country.

International concern over Iran’s obligations to the International Atomic Energy Agency (IAEA) dominated the year. IAEA reports throughout the year suggested that Iranian officials were not always presenting the entire scope of the country’s nuclear programmes. In November, following an agreement with the European Union (EU), Iran committed itself to suspending uranium enrichment.[...]"

Document(s): Open document
Open document

25.02.2004 - Source: US Department of State

The legislative branch featured the 290-member Islamic Consultative Assembly, Majlis/legislation is reviewed by the 12-member Guardian Council/legislative impasses are resolved by the 34-member Expediency Council ("Country Reports on Human Rights Practices - 2003") [#19747],  [ID 8276]

"The Islamic Republic of Iran [note 1] is a constitutional, theocratic republic in which Shi'a Muslim clergy dominate the key power structures. [...] The legislative branch featured a popularly elected 290-seat Islamic Consultative Assembly, Majlis, which develops and passes legislation. Reformist and moderate candidates won a landslide victory for 4-year terms in the 2000 Majlis election, gaining a clear majority of that body. However, the 12-member Guardian Council, which reviews all legislation passed by the Majlis for adherence to Islamic and constitutional principles, blocked much of the reform legislation. The 34-member Expediency Council is empowered to resolve legislative impasses between the Guardian Council and the Majlis. [...]

An intense political struggle continued during the year between a broad popular movement favoring greater liberalization in government policies, particularly in the area of human rights, and certain hard-line elements in the Government and society, which viewed such reforms as a threat to the survival of the Islamic Republic. In many cases, this struggle was played out within the Government itself, with reformists and hard-liners squaring off in divisive internal debates. As in the past, reformist members of parliament were harassed, prosecuted, and threatened with jail for statements made under parliamentary immunity. [...]

Regularly scheduled elections are held for the Presidency, the Majlis, and the Assembly of Experts. [...]

Elections were last held for the 290-seat Majlis in 2000 and were scheduled to be held again in February 2004. Of more than 6,000 candidates, the Council of Guardians disqualified 576 before the 2000 elections, a substantial decrease from the 44 percent of candidates disqualified before the 1996 elections. Most of those disqualified were outspoken advocates of political reform, including some of the most prominent supporters of President Khatami. In 2001, by-elections were held for vacant Majlis seats. The Council of Guardians reportedly disqualified 100 potential candidates, more than one-quarter of those wishing to run. Furthermore, the Supreme Leader and other conservatives within the Government used constitutional provisions to block much of the early reform legislation passed by the Majlis.
In 1999, elections for nationwide local councils were held for the first time since the 1979 revolution. Government figures indicated that roughly 280,000 candidates competed for 130,000 council seats across the nation. Women were elected to seats in numerous districts. However, the Councils did not appear to wield significant autonomy or authority. A second series of municipal council elections took place in February. A combination of low voter turnout (below 50 percent) and popular dissatisfaction with both the performance of the councils and the record of reformists swept many reformists from office.

Women held 9 out of 290 Majlis seats. There were no female cabinet members, although several held high-level positions, such as Vice-President, and a woman served as Presidential Adviser for Women's Affairs, and another as head of the Environmental Protection Agency.

Majlis seats were reserved for elected Christian (three), Jewish (one) and Zoroastrian (one) deputies. Religious minorities were barred from being elected to any other seats on a representative body and from holding senior government or military positions."

Document(s): Open document

31.03.2003 - Source: US Department of State

Much of the reform legislation passed by the Majles blocked by the Council of Guardians ("Country Reports on Human Rights Practices - 2002") [#11869],  [ID 8277]

"A popularly elected 290-seat unicameral Islamic Consultative Assembly, or Majles, develops and passes legislation. Reformers and moderates won a landslide victory in the February 2000 Majles election, and constituted a majority of that body; however, the Council of Guardians and other elements within the Government blocked much of the early reform legislation passed by the Majles. A Council of Guardians reviewed all legislation passed by the Majles for adherence to Islamic and constitutional principles. The Council consisted of six clerical members, who are appointed by the Supreme Leader, and six lay jurists (legal scholars), who are nominated by the head of the judiciary and approved by the Majles. The Constitution provides the Council of Guardians the power to screen and disqualify candidates for elective offices based on an ill-defined set of requirements, including candidates' ideological beliefs. According to Human Rights Watch (HRW), the Council of Guardians rejected the candidacy of 145 out of the 356 candidates who filed to run for 17 seats in the special Majles election held concurrently with the Presidential election in June 2001. This constituted a far higher percentage than were rejected in the February 2000 Majles elections."

Document(s): Open document

2002 - Source:

University of Pittsburg/Law School: Legislative ("2002 - University of Pittsburg/Law School: Legislative") [ID 8279]

"The Legislature

The Islamic Consultative Assembly (the Majlis) consists of 290 representatives of the nation elected by the people via secret ballot (Articles 62,64).

The Majlis may enact laws on nearly all matters (Article 71). They are prohibited from enacting laws contrary to the principles and rules of Islam or the Constitution, and any conflicts arising shall be decided by the Council of Guardians (GC) (Article 72). The primary function of the GC is safeguarding the rules of Islam and the Constitution.

The GC's twelve person membership is comprised of:
- Six Faqihs who shall be appointed by the Leader.
- Six Jurists elected by the Majlis (comprised of Muslim Jurists nominated by the Head of the Judiciary) (Article 91).


All legislation passed by the Majlis shall be sent to the GC for evaluation. If the GC finds any inconsistency between the legislation and the rules of Islam or the Constitution, the GC returns it to the Majlis for review. If the GC finds no inconsistencies, the said legislation shall be enforcible (Article 94).

Co-existing with the Majlis is the Regime's Expediency Council (REC) or Majma-e- Tashkhis-e- Maslehat-e- Nezam. The REC convenes at the order of the Leader in order to resolve those cases where the GC finds an approval of the Majlis against the principles of Sharia (religious law), or the Constitution. A case is sent to the REC when the Majlis is unable satisfy the GC even after review of the offending law. The REC also convenes to consult on matters referred to it by the Leader.

Both permanent and mutable members of the REC shall be appointed by the Leader. Regulations related to the REC shall be prepared and approved by the REC then ratified by the Leader (Article 112).

In a democratic regime, the Parliament can enact legislation protecting the decisions of its members, all of whom are elected by people. But in the Iranian model, the REC can overturn the Majlis' legislation even though its members are elected by the direct vote of people. Therefore, the REC can openly oppose public will."

Document(s): 2002 - University of Pittsburg/Law School: Legislative

11.2001 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

00.11.2001 - ACCORD: Municipial elections 1999/ parliamentary elections 2000 ("7th European Country of Origin Information Seminar Berlin, 11 - 12 June 2001: Final Report - Iran") [#7661],  [ID 8280]

"Local council elections took place 26 February 1999. These elections promised to offer the possibility of more decentralization, one of the cornerstones of Khatami’s policy. But in reality decentralization does not exist. From UNHCR’s experience with Afghan refugees in Iran, there is no devolution of power to the provincial authorities as such and most decisions are deferred to the central authority. Furthermore, although the
municipal elections have confirmed Khatami's popularity and have proved to be a major defeat for the conservative revolutionary candidates, this has shown no effect in practice. Most reforms that have been initiated have been blocked by the conservatives.

Parliamentary elections took place on 18 February and 5 May (run-off) 2000. These elections were also very important as at the time of Khatami's election the Majles was still dominated by conservatives. So far the Government, however, has not benefitted from the pro-reform majority in the Majles."

Document(s): cois2001-irn.pdf

2001 - Source:

NetIran: The Legislative ("2001 - NetIran: The Legislative") [ID 8281]

"The legislature comprises two powerful institutions: Parliament (Majlis) and the Guardian Council of the Constitution. Under the provisions of the constitution all legislation's must first be approved by the Majlis and then be ratified by the Guardian Cou ncil. They are signed into laws by the president. Two more legislative bodies were created in 1988 by Ayatollah Khomeini. These were the Council for Determination of Exigencies and the Council of Policy Making for Reconstruction The Supreme Council of Cul tural Revolution has legislative powers on educational matters.

INSTITUTIONS ADMINISTERED BY THE LEGISLATURE

The Accounting Court is administered by the legislature and has the task of reviewing the earnings and spending of all organizations and institutions which receive appropriations from the budget.

MAJLIS

Majlis-e Shora-ye Islamic (Islamic Consultative Assembly), known as the Majlis for short, is the Iranian parliament. It has 290 members who are elected by the direct vote of the people for four years. The powers and functions of the Majlis are specified b y the constitution (Article 71-90).

The first Majlis after the Islamic revolution was convened in 1980 and the second Majlis began its terms in 1984. The general election for the third Majlis was held in April 1988, and its terms started in May 1988. People went to the polls for the fourth Majlis in April 1992 .

A principal requirement for any members of parliament (MP) is his/her deep belief in Islam. However, the religious minorities recognized by the constitution, the Zoroastrians, the Jews and the Armenian and Assyrian Christians have their own representative s in the Majlis. The first two minorities have one MP each and the Armenians, larger in population, have two MPs for the south and north of Iran. The Assyrians have one MP.

Majlis has a set of internal rules which sets forth the manner of steering its meetings, debating and voting on the bills and motions etc., and the tasks of its committees. According to the rules, the Majlis has a steering board comprising a speaker, two deputy speakers who run the meetings in his absence and a number of secretaries and provisions administrators.

Under the provision of Article 69 of the constitution, the deliberations of the Majlis must be open, the full report of which is broadcast by the radio and then published verbatim by the Official Gazette. The president, or one of the ministers or 10 MPs m ay call for a closed meeting of the Majlis. The constitution, however, emphasizes that the resolutions of the closed meeting will only become law if they are passed by a majority of three-quarters of members of parliament (MPs) with Guardian Council membe rs also attending. But ordinary meetings of the Majlis reach quorum by attendance of two-thirds of the MPs, and their resolutions normally become law by simple majority, unless otherwise required by law.

MPs do not have judicial immunity except under Article 86 of the constitution. In May 1988, a motion effectively amounting to a sort of parliamentary immunity for the members was passed in the first reading. It provided for investigating offence committed by the members before and during membership by the courts concerned in Tehran. MPs should only be summoned or subpoenaed through the Majlis. Details of the bill were to be decided in the second reading.

POWERS OF MAJLIS

Majlis has the following powers:

a) debating the motions tabled by the government upon the cabinet's approval, as well as bills tabled by at least 15 MPs,
b) debating and inquiring into all the national affairs,
c) approving international treaties, protocols, agreements and contracts,
d) effecting minor changes in the border lines by taking into consideration the national interests, and by a majority of four fifths of MPs,
e) agreeing to the cabinet's request for proclamation of martial law for no more than 30 days,
f) Tabling a motion of no confidence in the prime minister or any of the ministers; casting vote of confidence or no confidence in the government or in any of the ministers.
PARLIAMENTARY COMMITTEES

Majlis has several permanent committees with the task of carrying out the initial discussions about the bills and motions. Moreover, select committees are formed as the need arises. Early 1989 amendments to House rules allowed committees to have between n ine and 15 members, with the exception of the constitutional article 90 committee, which can have 15-31 members. The permanent committees are:

1) Education;
2) Culture and Higher Education;
3) Islamic Guidance and Arts and Mass Media;
4) Economy and Finance;
5) Plan and Budget;
6) Oil;
7) Industry and Mine;
8) Labour and Social Affairs, and Administrative and Employment Affairs;
9) Housing and Urban Development and Roads and Transport;
10) Judicial and Legal Affairs;
11) Defence and Islamic Revolution Guards Corps;
12) Foreign Policy;
13) Internal Affairs & Councils;
14) Health and Welfare, Relief, Social Security and Red Crescent;
15) Posts, Telegraphs and Telephones, and Energy;
16) Commerce and Distribution;
17) Agriculture and Rural Development;
18) Prime Ministry Affiliated Organizations;
19) Accounting Court and the House Budget and Finance;
20) Revolution Institutions;
21) Constitutional Article 90 Petitions Committee which has the task of investigating the complaints of the public against government organizations;
22) Questions Review Committee, which has the task of reviewing the questions of MPs to ministries and the latter's replies. This committee decides if the replies have been satisfactory. Should the committee find a minister's reply unsatisfactory thr ee times, MPs will be able to table a motion of no confidence in the minister concerned.
LEGISLATION PROCEDURE

A bill or a motion may be tabled with the Majlis in two ways:

1) the government may table it upon the cabinet's approval;
2) fifteen MPs may table a motion. The Steering Board of the Chamber is responsible for arranging the debating procedure. The bills are normally debated in turn. Urgent motions are debated under a different procedure as explained later.
Debating procedure begins with the first reading of a bill which has already been passed by the committee concerned and the text of which has been distributed to the MPs. Should the bill's generalities be passed in the first reading, it would then be forw arded to the committee(s) concerned for a review of its details. At this stage, MPs may propose their related amendments. The bill's details and the proposed amendments are discussed, and either adopted or rejected. The committee concerned may also invite experts from outside the parliament to take part in its meetings.

Subsequently the bill comes up for a second reading which concerns its details. At this stage, MPs whose proposed amendments have not been adopted by the committee concerned, may put their proposal to the full House and call for votes. If the bill is pass ed in the second reading, it would be forwarded to the Guardian Council for ratification.

This is the normal procedure of legislation. Urgent, one-star, bills however are discussed only once by the committee concerned. Very urgent, two-star bills do not even go to the committees and are debated by two successive meetings of the Chamber. The fi rst meeting deals with the generalities of the bill and the second with its details. Top urgent, three star, bills and motions are placed on the agenda immediately. The degree of urgency of the bills has to be approved by a majority of the MPs. Some of th e bills cannot be tabled under urgency provisions, for instance the budget.

Majlis Seats by Provinces

PROVINCE SEAT
TEHRAN 38
KHORASSAN 26
EAST AZERBAIJAN 19
ISFAHAN 19
KHUZESTAN 18
FARS 18
MAZANDARAN 12
GILAN 13
WEST AZERBAIJAN 12
KERMAN 10
HAMEDAN 9
ZANJAN 5
KERMANSHAHAN 8
LORESTAN 9
CENTRAL 7
SEESTAN-BALUCHESTAN 8
KURDETSAN 6
HORMUZGAN 5
SEMNAN 4
BUSHEHR 4
YAZD 4
CHAHARMAHAL&BAKHTIYARI 4
KOHKILUYEH&BUYER AHMAD 3
ILAM 3
ARDEBIL 7
QAZVIN 4
QOM 3
RELIGIOUS MINORITIES 5

THE GUARDIAN COUNCIL

Motions and bills passed by the Majlis do not automatically become law. The constitution has provided for a constitutional council of sages known as the Council of Guardians of the Constitution (Shora-ye Negahban-e Qanun-e Assassi, Articles 91-99). The Gu ardian Council, as it is known for short, is in effect an upper house of parliament with the power to vote out the lower house's resolutions. It is assigned to check the laws passed by the Majlis, compare them with the provisions of the Islamic canon and the constitution, and ratify them, or return them to the House for being amended.

The council has 12 members. Six are clerical Islamic canonists and six others are civilian jurists. The first group of six is appointed by the leader, or the Leadership Council, and the second group is elected by the Majlis from among candidates nominated by the Supreme Judicial Council.

Members of the Guardian Council serve a six-year term. Only in the first term, however, half of its members, as determined by lots, were changed after three years. The leader is empowered to reinstate the Islamic canonist members of the council after thei r six-year term is over. Article 93 of the constitution has emphasized that the Majlis does not hold any legal status, if the Guardian Council has not yet been formed, except for the purpose of approving the credentials of the MPs and the election of six jurists to the Guardian C ouncil.

POWERS AND FACTIONS

The Majlis is required to forward all its resolutions to the Guardian Council. The council will announce its opinion on them within no more than 10 days. It may, however, request more time if necessary.

Regarding the compatibility of the legislation with Islamic provisions, only the opinion of a majority of the six Islamic canonists of the council is valid, but concerning their constitutionality the opinion of the majority of all members will hold. The c ouncil members are required to attend Majlis debates on urgent bills.

The Guardian Council also has the duty of interpreting the constitutional provisions, and its opinions in this regard are valid by a majority of three-fourths of its members. Other duties of the council include supervision of the presidential elections, g eneral elections and referenda.

The council's power of veto over legislation imposed a state of imbroglio on important bills such as those dealing with farming lands distribution, foreign trade and goods distribution throughout the first two terms of the Majlis."

Document(s): 2001 - NetIran: The Legislative