There is a strong need for action now to avoid a larger ethnic conflict within the Middle East and beyond. After extensive research, the above proposal is the best method to enable a transition of governance within Iran aimed specifically at reducing ethnic conflict. I am personally responsible for this Paper. These are not (Riji Zrombesh) Baluchistan Baluchistan National Movement views. ُ
Mehrab, Sarjov
The Islamic Republic of Iran has
failed to respond effectively to the demands of its people. Like its
predecessors, it has failed to unite the ethnicities within its population to
build a successful single nation-state. Today, Iran’s differing territorial populations still will not align with the history and culture propagated by the Iranian
State.
1-
Non-Persian
ethnic groups within Iran are separated
by religion, culture, language and geography
2-
Non-Persian
groups within Iran seek the right to restore their cultural identity.
3-
They
have a geopolitical relationship with their neighbors, which differs from the state. For example, Baluch and Afghans have a history of military cooperation;
jointly fighting against the Persian and Maratha Empires.
4-
The
state of Iran has implemented draconian laws against Non-Persian nations to
ensure their economy does not prosper and they are tied to the state.
5-
There
is a history of warfare by Tehran against the Baluch and other Non-Persian
groups.
We believe in the right to
self-determination through legal and civil means. Citizens of the Islamic
Republic of Iran request the right to a referendum to determine their future.
If dominant political actors in Iran
agree on the right to self-determination through a free and fair referendum,
the current, economic, social and political issues within Iran could be solved.
Therefore, a referendum should be held to determine whether the Citizens of Iran
want completely independent states or Asymmetric Federalism in Iran.
Route to
Self-Determination
With the fall of the Islamic Republic of
Iran, to avoid ethnic conflict, similar to that following the end of Libya and
Syria. An Asymmetrical Federation would be implemented as a transitional
Government, stabilising the Nation prior to holding a referendum on the right
to Self-determination.
As part of the implementation of the
Asymmetrical Federation, there would be a classical Asymmetric Federal
agreement on power-sharing between the Federation States and a Central Government.
Each Federation will have a clear geographical
border managed by an autonomous governing body. Each Federations Governing body
will have explicit powers, which fall within the exclusive domain of the
federation to enable the successful management of its population. The Federation would have the right to create
its own rules governing the Federation’s legislature and executive and have
extensive control over local development plans.
The Federation may have a range of
prerogatives not found in any other part of the unitary state, such as the
legal right to create restrictive immigration policies in the federation, to
prohibit Citizens of the state who are not also citizens of the federacy from
buying lands or establishing commercial enterprises.
Central Government will remain in
Tehran and will retain powers over, foreign affairs, defence, currency, and a
final court of appeals. Following the referendum, these powers can gradually
transfer to federation units or independent authorities, should a Federal state
vote for Self-Governance.
The territorially
concentrated minority populations would have a constitutionally embedded degree
of political autonomy
Existence of dispute resolution procedures:
The federal units and the
state would have dispute-resolution procedures about their respective powers
and prerogatives. Only in exceptional circumstances would a dispute go to the
state’s highest court, and this court would be able to make binding decisions
for the entire polity only as long as it does not in any way violate the
constitutionally embedded arrangements
Reciprocal
representation between the unitary state and the federacy;
The citizen of the autonomous unit would be
full citizens of the state, vote in state-wide elections, and have
representatives in the parliament of the state as well as in their parliament.
The centre would have an official representative in the federacy that would
also help coordinate those activities in the federacy that fall under central
state power.
The goal
of the federacy arrangement is to create a high level of trust, voice, and a workable relationship between the federacies and the
centre.
Federations will have the right to
implement their own eligibility criteria for their Federal elections. For example, a citizen would not be able to vote in a federal election unless they were
resident within the Federation for more than 5 years. This would not impact their
eligibility for central elections.
The people's self-determination principle
should be included in any future agreements. Transition authorities should
accept asymmetric federacy.
Some of the key principles,
culture-making and identity-sustaining prerogatives that should be given to the
self-governing legislatures are:
·
The official language of each federacy shall
be the common language of the majority of people residing in that federacy.
·
The language of education in schools maintained
by public funds or subsidized by public funds shall be the official language of
the federacy concerned.
·
Only a person with the right of domicile may
participate in elections of the Federal parliament, the municipal councils and the
other positions of trust within the Federation. The power to grant the right of
domicile is vested in the federacy.
·
The right of a person without the right of
domicile to exercise a trade or profession for personal gain may be limited.
·
The Federation reserves the right to limit the
acquisition of property of persons who are not Federal citizens.
·
Federation shall have legislative power in
respect of public order and security, health care medical treatment, the design
and use of the flag and coastal arms, farming, forestry, hunting and fishing,
creation of an offence and the extent of the penalty for such an offence in
respect of a matter falling within the legislative competence of federacies, an
administrative court shall be established in federacy by State act, such court
may be an act of federacy be granted jurisdiction over administrative matters within
the competence of federacy.
There is
a strong need for action now to avoid a larger ethnic conflict within the
Middle East and beyond. After extensive research, the above proposal is the
best method to enable a transition of governance within Iran aimed specifically at reducing ethnic conflict.
Chapter 1
General Provisions;
Autonomy of Baluchistan;
Baluchistan is autonomous during the transition
and hereafter.
Section 2
The territory of Baluchistan;
Baluchistan comprises the territory that
historically has been Baluchistan, and the territorial waters directly adjacent
to Baluchistan.
Section 3
Institutions of the Baluchistan;
Parliament shall represent the people of
Baluchistan in matters relating to its autonomy. The administration of
Baluchistan is vested in the Government of Baluchistan and the officials
subordinate to it.
Section 4 Governor;
The
Governor shall represent the Government of Iran in Baluchistan. Governor shall
be appointed by the President of the Republic: after having agreed on the
matter with the Speaker of the Baluchistan Parliament.
Section 5
Baluchistan Delegation;
The
Baluchistan Delegation shall be a joint organ of Baluchistan and the State. Its
composition, duties and expenses are defined.
Chapter 2
Right of domicile in Baluchistan;
The right of domicile in Baluchistan shall
belong to
1)
a person who at the time of
the entry into force of autonomous agreement had the rights of domicile under
the Autonomy agreement; and 2) a child under 18 years of age who is a citizen
of Iran and a resident of Baluchistan, provided that his father or mother has
the right of domicile.
Section 7
Right of domicile on application
The power to grant the right of
domicile is vested in the Government of Baluchistan.
Unless there are persuasive reasons for not granting the right of
domicile, it shall be granted on application to a citizen of Iran
1) Who has taken up residence in Baluchistan;
2) Who has been habitually resident in Baluchistan for at least five
years without interruption;
An, 3) who is satisfactorily proficient in the
Baluchi language.
The right of domicile may also be
granted to a person who does not fulfil the requirements for a specific reason.
Section 8
Forfeiture of the right of domicile,
A person who forfeits the citizenship of Iran shall likewise forfeit the
right of domicile.
The forfeiture persons with the right of domicile in Baluchistan may
temporarily move their residence from Baluchistan shall be as provided by an
Act of Baluchistan.
Section 9
Participation in elections and
eligibility for office only a person with the right of domicile may participate
in the elections of the Baluchistan Parliament, the municipal councils and the
other positions of trust in Baluchistan and municipal administration. Only a
person with the right of domicile shall be eligible for positions of trust.
Section 10
Right to acquire real property
The limitations on the right to acquire real property or property of a
similar nature in Baluchistan with full legal title shall be provided by an Act
on the Acquisition of Real Property in Baluchistan. The limitations shall not
apply to a person with the right of domicile.
Section 11
Right of trade
The right of a person, without the right of domiciles, to exercise a
trade or profession in Baluchistan for personal gain may be limited.
However, such an Act may not be used to limit the right of trade of a
person residing in Baluchistan if no person other than a spouse and minor
children are employed in the trade and if the trade is not practised in business
premises, an office or any other special place of business.
Section 12
Service of conscription
A person with the right of
domicile may be placed for conscription for military service or other civilian
administrations. Military service in the Iran army shall be provided by the consent
of the Baluchistan Parliament.
Chapter 3
The Baluchistan Parliament and the
Government of Baluchistan;
Section 13
Election of the members of the Baluchistan
Parliament;
The members of the Baluchistan Parliament
shall be elected by direct and secret ballot. Suffrage shall be universal and
equal.
Section 14
Opening and closing the sessions of the
Baluchistan Parliament;
The sessions of the Baluchistan Parliament
shall be opened and closed by the President of the Republic or, on his behalf,
by the Governor. The Governor shall present the proposals and statements of the
President to the Baluchistan Parliament.
Section 15
Dissolution of the Baluchistan Parliament
After consultation with the Speaker of the Baluchistan Parliament, the
President of the Republic may dissolve the Baluchistan Parliament and order an
election. The right of the Baluchistan Parliament to decide on dissolution and
the ordering of an election shall be provided by an Act.
Section 16
Government of Baluchistan;
The
Government of Baluchistan shall be appointed by Baluchistan Parliament.
Chapter 4
Section 17
Authority of Baluchistan;
The Baluchistan Parliament shall enact
legislation for Baluchistan.
Section 18
Legislative authority of Baluchistan shall
have legislative powers in respect of 1) the organisation and duties of the
Baluchistan Parliament and the election of its members, the Government of
Baluchistan and the officials and services subordinate to it; 2) the officials of Baluchistan, the
collective agreements on the salaries of the employees of Baluchistan and the
sentencing of the officials of Baluchistan to disciplinary punishment; 2 a) the
employment pensions of the employees of Baluchistan and the elected
representatives in the administration of Baluchistan, as well as of the head
teachers, teachers and temporary teachers in the primary and lower secondary
schools in Baluchistan; 3) the flag and
coat of arms of Baluchistan and the use thereof in Baluchistan, the use of the
Baluchistan flag on vessels of Baluchistan and on merchant vessels,
fishing-vessels, pleasure boats and other comparable vessels whose home port is
in Baluchistan, without limiting the right of State offices and services or of
private persons to use the flag of the State; 4) the municipal boundaries,
municipal elections, municipal administration and the officials of the
municipalities, the collective agreements on the salaries of the officials of
the municipalities and the sentencing of the officials of the municipalities to
disciplinary punishment; 5) the additional tax on income for Baluchistan and
the provisional extra income tax, as well as the trade and amusement taxes, the
bases of the dues levied for Baluchistan and the municipal tax; 6) public order
and security; the fire-fighting and rescue service; 7) building and planning,
adjoining properties, housing; 8) the appropriation of real property and of
special rights required for public use in exchange for full compensation; 9)
tenancy and rent regulation, lease of land; 10) the protection of nature and
the environment, the recreational use of nature, water law; 11) prehistoric
relics and the protection of buildings and artifacts with cultural and
historical value; 12) health care and medical treatment; burial by cremation;
13) social welfare; licences to serve alcoholic beverages; 14) education,
apprenticeship, culture, sport and youth work; the archive, library and museum
service, 15) farming and forestry, the regulation of agricultural production;
provided that the State officials concerned are consulted prior to the
enactment of legislation on the regulation of agricultural production; 16)
hunting and fishing, the registration of fishing vessels and the regulation of
the fishing industry; 17) the prevention of cruelty to animals and veterinary
care; 18) the maintenance of the productive capacity of the farmlands, forests
and fishing waters; the duty to transfer, in exchange for full compensation,
unutilised or partially utilised farmland or fishing water into the possession
of another person to be used for these purposes, for a fixed period; 19) the
right to prospect for, lay claim to and utilise mineral finds; 20) the postal
service and the right to broadcast by radio or cable in Baluchistan; 21) roads
and canals, road traffic, railway traffic, boat traffic, the local shipping
lanes;
22) trade, subject to the provisions of
section 11, with the exception that also the Baluchistan Parliament has the
power to impose measures to foster the trade referred to in the said
paragraphs; 23) promotion of employment; 24) statistics on conditions in
Baluchistan 25) the creation of an offence and the extent of the penalty for
such an offence in respect of a matter falling within the legislative
competence of Baluchistan; 26) the imposition of a threat of a fine and the
implementation thereof, as well as the use of other means of coercion in
respect of a matter falling within the legislative competence of Baluchistan;
27) other matters deemed to be within the legislative power of Baluchistan in
accordance with the principles underlying law.
Section 19
Decrees
By virtue, the Government of Baluchistan
may issue Decrees on matters within the powers of Baluchistan power. However,
provisions may be provided only by Acts of the Baluchistan parliament on the
foundations of individuals’ rights or obligations and on matters that otherwise
are of legislative nature under the Constitution or under the Act on the
Autonomy of Baluchistan.
Section 20
Initiatives of the Baluchistan Parliament
and the Government of Baluchistan;
The Baluchistan Parliament may submit
initiatives on matters within the legislative power of the State. The
Government of Iran shall present an initiative for the consideration of the
Parliament of Iran. The Government of Baluchistan may submit initiatives on
matters referred to in paragraph 1 for the issuance of Decrees and regulations
for Baluchistan.
Section 21
The administrative authority of Baluchistan;
Baluchistan officials shall conduct the administration of
matters within the legislative power of Baluchistan subject to the following:
1) statistical information that is necessary for the State and in possession of
Baluchistan officials shall, on request, be made available for State officials;
2)statistical information for the use of Baluchistan shall
be collected in cooperation with the State officials concerned; 3) the
Government of Baluchistan shall obtain opinions from the State officials
concerned before undertaking measures regarding a non-movable prehistoric
relic; 4) the Government of Baluchistan shall obtain an opinion from the
National Archives before the Baluchistan officials or the municipal or
ecclesiastical officials render a decision on the destruction of documents in
an archive located in Baluchistan.
Section 22
Administrative procedure;
An appeal shall be brought to the
Baluchistan Administrative Court against a decision of an authority subordinate
to the Government of Baluchistan an appeal shall be brought to the Baluchistan
Administrative Court against a decision of a municipal authority; the legality
of a decision may be brought to the Supreme Administrative Court. However, an
appeal against a decision of the Government of Baluchistan relating to a
pension may be brought to the Insurance Court.
Section 23
Establishment of an administrative
court;
An administrative court may be established in
Baluchistan. Such a court may be granted jurisdiction over administrative
matters within the competence of Baluchistan.
Chapter 5
Authority of the
State
Section 24
State Acts of importance to federal units;
The amendment of a
Constitutional Act or another State Act shall not enter into force in federal
units without the consent of the federation Parliaments insofar as it relates
to the principles governing the right of a private person to own real property
or business property in federacy units. An opinion shall be obtained from Units
before the enactment of an Act of special importance to that federacy unit.
Section 25
(Obtaining an opinion from the Government federal units;
Before the President of the Republic, the Council of State,
a Ministry or some other authority issues provisions that only concern
Baluchistan or that otherwise are especially significant to Baluchistan; an
opinion on the matter shall be obtained from the Government of Baluchistan.
Section 26
Decision and presentation;
The President of the
Republic shall make his decision on matters relating to the autonomy of
Baluchistan as provided by section 41 of the Constitution.
Chapter 6
Language provisions
Section 27
Official language;
The official
language of Baluchistan shall be Baluchi. The language used in federation administration,
federations administration and municipal administration shall be regional. The
official language of the federation Delegation shall be Baluchi. The opinions and
decisions of the Supreme Court referred to in this Act shall be written in
Baluchi. The provisions of this Act on the language used in federal
administration shall also apply, where appropriate, to the officials of the
religious, unless otherwise provided by the Code.
Section 28
Right, to use Persian;
In a
matter concerning self, a citizen of Iran shall have the right to use Persian
before a court and with other State officials in federations.
Section 29
Language of correspondence;
Letters and other documents between
Baluchistan officials and State officials in Baluchistan shall be written in the Baluchi language. The same provision shall apply to correspondence between the said
authorities and the federations Delegation, on one hand as well as the Council
of State, the officials in the central government of Iran and the superior
courts and other State officials to whose jurisdiction federations or a part
thereof belongs, on the other hand.
Section 30
Translations
On the request of a party, the courts and
the County Government shall enclose a Persian translation in their documents.
.
Section 31
Language of education;
The
language of education in schools maintained by public funds or subsidised from public funds shall be Baluch language unless otherwise provided by an Act of the federal unit.
Section 32
Linguistic proficiency of State officials;
The
State shall organise training in the Baluchi language for the persons in its service
in Baluchistan.
Section 33
Information and regulations issued in Baluchi
languages;
The Council of State shall take measures to
have the necessary product and service information distributed to the
consumers in the Baluchi language where possible. The Council of State shall also
see the availability of regional languages of the regulations to be followed
in federal units.
Chapter 7
Financial Management;
Section 34 Budget
The Baluchistan Parliaments shall confirm a
budget; when passing a budget, they shall strive to ensure at least the same
level of social benefits for their people as enjoyed by the people in the
State.
. Section 35 Equalisation
Baluchistan shall every year receive a sum
of money from State funds to cover the costs of autonomy.
The sum shall be determined in a special
equalisation procedure. The equalisation shall take place retroactively for
every calendar year. Advance payments of the amount of equalisation shall be
made every year.
Section 36
Extraordinary grant;
An
extraordinary grant may be given on the proposition of Baluchistan.
Section 37 Special subsidy
Baluchistan shall be subsidised by State
funds to
1) Prevent or remove substantial economic
disorders that affect especially Baluchistan
2)
Cover the costs of a natural disaster, oil spill or another incident. The
Government of Baluchistan shall initiate the proceedings for a subsidy at the
latest in the year following the emergence of the costs.
Chapter 8
Governor and the Baluchistan Delegation;
Section 39
Appointment of the Governor;
A
person who has the qualifications for conducting the administration well and
for attending to State security shall be appointed Governor.
The
President of the Republic shall appoint the Governor after having agreed on the
matter with the Speaker of the Baluchistan Parliament. If a consensus is not
reached, the President shall appoint the Governor from among five candidates
nominated by the federacy Parliament.
Section 40
Acting Governor;
When the office of the Governor is vacant or
when the Governor is prevented from attending to his duties, the President may,
after having agreed on the matter with the Speaker of the federacy Parliament,
appoint a suitable person as Acting Governor.
Chapter 9
International Treaties;
Section 41
Dismissal of the Governor;
The
Speaker of the federacy Parliament shall be heard before deciding on a matter
relating to the dismissal of the Governor.
Section 42
Negotiations on international treaties;
The
Government of the federacy may propose negotiations on a treaty or another
international obligation to the appropriate State officials.
The Government of the federacy shall be
informed of negotiations on a treaty or another international obligation if the
matter is subject to the competence of the federacy. If the discussions
otherwise relate to things of vital importance to federacy, the Government of
federacy shall be informed of the negotiations, if appropriate. The Government
of federacy shall be reserved the opportunity to participate in the talks if
there is a peculiar reason for the same.
Section 43
Entry into force of international treaties;
If a
treaty or another international obligation binding on Iran contains a matter
within the competence of the Federacy, the Federacy Parliament must consent to
the statute implementing that term to have it enter into force in a federacy.
If the treaty is contrary to this, it will enter into force in the federacy only
if the regional Parliament gives its consent by a qualified majority of
two-thirds of the votes.
Chapter 10
Entry into force and transitory provisions
Section 44
Right of domicile;
A
person habitually resident in federacies at the time of the entry into force of
this Act shall, upon request to the Government of the federacy, have the right
to gain the right of domicile.
Section44
Trade;
A
person habitually resident in the federacy at the time of the entry into force
of this Act shall, after having resided in the federacy for five years without
interruption, have the right to practice in a trade in the federacy. The private
persons, companies, co-operations, associations and other corporations and
foundations that at the time of the entry into force of this Act practice a
trade in the federacy.
Mehrab sarjov
sarjov@hotmail.com
00447896888892
appendix
Asymmetric Federalism
Symmetry refers to the uniformity of the system. Conversely,
asymmetry denotes the diversity among members of states, which is articulated
politically through component units possessing varying degrees of autonomy and
power.
In other ways words, it is the extent to which component
states do not share in the conditions and concerns common to the federal system
as a whole.
While some sort of asymmetry exists in most federal states,
the type and extent of asymmetric vary, as well as, of the conditions that lead
to asymmetry.
Cultural, economic, social and political factors in
combination have in all federations produced asymmetrical variations in the
power and influence of different constituent units.
De jure or constitutionally asymmetry refers to asymmetry
that is constitutionally entrenched asymmetry; it is the extent to which the
constitution grants a better understanding of those two types of asymmetry, let
us manifested in a federation.
De facto asymmetry;
De jure asymmetry;
Uses;
Fiscal capacities;
Legal process
Parliamentary representation
Constitutional decision-making;
Asymmetric federalism means federalism based on unequal
powers and relationships in political, administrative, and fiscal arrangements
between the units constituting a federation.
Asymmetry in the arrangements in a federation can be viewed
in both vertical (between the Centre and states) and horizontal (among the states)
senses.
Political and Constitutional Asymmetry
Recognising the distinctive cultural differences in the country
and permitting self-rule within the scheme of a shared rule to territorially
concentrated minorities is how asymmetrical federalism works in India.
Such functioning pertains to de facto and de jure asymmetry,
where the former is abundant while the latter is limited.
Furthermore, such an arrangement only proves that an
asymmetrical constitutional setup is indisputably necessary for a multicultural
and multinational country such as India to protect the rights of the community
and minorities.
This setup facilitates the accommodation of multiple yet
complementary identities.
While in every federal nation, the former is based on the
territorial and demographic sizes of the constituent units, the latter
characterises the Constitution’s extension of legislative and executive powers
to the constituent units.
“What is considered to be equal for one is unequal for the
other.
For national minorities like the Quebecois, Federalism
implies a federation of peoples, and decisions regarding the power of federal
subunits should recognise and affirm the equal status of the founding people,
on this, granting similar powers to regional-base and nationality-based units
is in fact deny equality of the minority nation, by reducing its status to that
of regional division within majority nation”.