Draft platform proposal for a transition to freedom in Iran.

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”.