The persecution of Mandaeans in Iran

The Mandaean Religion

The Mandaeans (known also as Sabians in Arabic) are followers of John the Baptist. They fled East from the Jordan Valley in approximately A.D. 70 and settled in what is now Southern Iraq and South Western Iran. Since the Islamic conquest in the seventh century they have suffered savage persecution by Moslem groups. This persecution has periodically varied in intensity. At present the Mandaean community is estimated to be approximately 5,000 – 10,000 in Iran.

Persecution of members of the Mandaean Religion in Iran

The Mandaeans in Iran primarily occupy an area of the city of Ahwaz called Khuzistan. Ahwaz lies close to the border with Iraq, and its population is overwhelmingly Shi'ite Moslem.

The Mandaean religion is not recognised as a legal religion under Article 13 of the Iranian Constitution. Consequently they are discriminated against in all policy decisions:

In Iran, particularly severe persecution of minority religions, including executions of Mandaeans and of Baha'is, continues.

All religious minorities suffer varying degrees of officially sanctioned discrimination, particularly in the areas of employment, education and housing.

Recognised religious minorities are second class citizens. Non-believers and non recognised religions are deprived of any rights.

The following are examples of incidents which characterise everyday life for Mandaeans in Iran. The intensity of these acts varies and the consequences can be very severe.

· "Uncleanliness"

The Mandaeans are considered unclean by Moslems, and encounter difficulties when shopping. They are not allowed to touch a Moslem or work in the food industry as they are perceived to render unclean everything they touch. A Mandaean who accidentally touches an item may be confronted with the demand to buy the entire stock as it has been rendered 'unclean'.
· Disruption of Mandaean family life: forced marriage and sexual assault.

In her most recent report to Amnesty International, Professor J.J. Buckley – an internationally recognised specialist on the Mandaean religion – has stressed that "the attempt to destroy Mandaean families is increasing, but with a particular focus on women and young girls." The Mandaean Human Rights Committee has also documented that the Iranian authorities attempt to break up Mandaean families with a particular focus on women and children, pressuring them to convert to Islam and pressuring women to marry Moslem men. Further reports, including those produced by ASUTA (the Journal for the Study and Research into the Mandaean Culture, Religion and Language) indicate that Mandaean parents fear that their children will be kidnapped, and forcibly circumcised, converted to Islam, raped or forcibly married. Regarding the rape of Mandaean girls and women, several reports suggest that Islamic judges would hold that a Moslem male who raped a Mandaean female would be understood to have "purified" her. Accordingly, the Sabian Mandaean Association reports that Mandaean girls have been raped with impunity by Moslem men.

Professor Buckley stresses that Mandaean widows are pressured to marry Moslem men, and that widows have been subject to sexual attacks. Further, Professor Buckley highlights that "[s]ome Mandaean families have begun to marry their very young daughters to fellow-Mandaeans, in order to prevent forced conversions to Islam, thus depriving the girls of the chance to finish their education." This trend is supported by reports produced by the Mandaean Research Centre, and was also referred to during an interview with a Mandaean from Ahwaz who stated that "[m]any Mandaeans are being forced to marry their daughters at a very young age in order to protect them from being kidnapped off the streets by the local Moslems."

· Medical Assistance

It is difficult for Mandaeans to receive medical assistance due to the view that they are unclean. If a Moslem practitioner treats a Mandaean, the doctor is believed to be rendered unclean and will not be able to treat Moslem patients. However it is difficult to see Mandaean doctors as their qualifications from overseas are not recognized within the Islamic Republic of Iran, and they are often therefore forced to hide the fact that they are Mandaeans in order to be able to work as health professionals. It is important to note that reports consistently indicate that while the older generation of Mandaeans was able to study in universities prior to the Islamic Revolution, Mandaeans' access to universities is currently severely restricted, and therefore it is almost entirely impossible for Mandaeans to study medicine. In terms of compensation for injury, the US State Department indicates that "the legal system discriminates against religious minorities, awarding lower monetary compensation in injury and death lawsuits."

· Desecration of Mandaean Cemetery and Other Sites of Religious Significance

Just as many historic Baha'i gravesites have been desecrated or destroyed, on the 4th October 1988 the Islamic regime in Iran confiscated the Mandi (church) in Ahwaz and converted it into headquarters for the Islamic religious police. Eleven years later, in 1999, a Mandaean cemetery was ploughed up, bodies disposed of, tarred over and used for Islamic purposes. Further, Professor Buckley also documents that in 2001, the Mandaean graveyard in Ahwaz was partially destroyed by bulldozers at the order of city officials. In addition to the destruction of these sites of religious and personal significance to the Mandaeans, Amnesty International has received reports from the Sabian Mandaean Association indicating that rivers are being polluted with sewerage and paraffin in order to prevent baptism ceremonies (baptism is central to the Mandaean religion) from taking place.

· Government Monitoring of Mandaeans

The U.S. Department of State states that "[r]eligious activity is monitored closely by the Ministry of Intelligence and Security (MOIS)." Professor Buckley reports that members of the Iranian government "spy" on Mandaeans and monitor their behaviour, and highlights that house searches are common, and the 2003 report produced by the Sabian Mandaean World Council indicates that Mandaeans are "referred to and documented as "infidels" by members of the Department of Justice in Iran."

Mandaeans in Iran 2003

Amnesty International is concerned that the forcible return of Mandaeans to Iran could have dire consequences for these people. Mandaeans generally are still suffering persecution at the hands of some Moslems, and reports from the Sabian Mandaean Association of Australia Ltd. suggest that this persecution has recently escalated. Many fear genocide for the Mandaeans, especially given the attacks of genocidal proportions by Moslems against Mandaeans which occurred in 1480, 1632, 1782, 1853 and the 1870s. Many groups and academics believe the current escalation of animosity towards Mandaeans following events in Iraq could lead to similar attacks.

The Archbishop of the Mandaean Community in Australia, His Holiness Ganzevra Salah, was in the Islamic Republic of Iran from 5 March 2003 to 10 May 2003 and observed numerous occurrences regarding the situation of Mandaeans in that country.

During the aforementioned visit, His Holiness performed religious ceremonies. He experienced Moslems shouting and throwing stones during these ceremonies. He has reported that many Moslems also put garbage and sewerage in the river where the ceremonies were being performed. According to the Sabian Mandaean Association, such incidents have been growing in frequency. Moslems have also been known to put paraffin in the water.
Limitations to practicing the Mandaean religion in Iran

Reports from a number of sources have stated that Mandaeans are constantly pressured and sometimes forced against their will to convert to Islam. They have also been forced to carry weapons or serve in the military. The Mandaeans are a pacifist group who celebrate life and fertility, they refuse to carry weapons because they believe that both the killer and the killed will suffer in the after life. The most effective way of protecting themselves has been paying those who are threatening them, however with existing sanctions against the country the ability to pay those who are threatening them has become more difficult.

Mandaeans are not permitted to have their own schools, yet Mandaean children are constantly taunted when they attend Moslem schools:
· They are forced to undergo religious instruction and study the Koran, where they are told they will go to hell, and are taught that the Koran encourages Moslems to kill, rape and loot the Mandaeans.
· They are not permitted to touch water taps as they are seen as 'unclean'. They are told that their bodies are dirty and that everything they touch is polluted and impure.
· School teachers, principles, students and clergy continue to attempt to convert the children to Islam and pressure the girls to marry Moslem men.
· They are forced to cut their hair, which is in direct contrast to the Mandaean mandate that forbids boys from cutting their hair and excludes priests from the priesthood if they cut their hair.
· They are forced to observe the Islamic ritual of fasting even though it is prohibited by the Mandaean religion.
· They fear that they may be forcibly circumcised.
· They are forced to pray in the Islamic fashion, which is in violation of Mandaean doctrine.
· There have been numerous instances of children being struck by school authorities for accidentally dropping a Koran from a desk to the floor.

University applicants are required to pass an examination in Islamic theology. Only Moslems or people from a recognised religion may attend, making it difficult for Mandaeans to attend university. Followers of this religion place significant importance on knowledge and education.

To blend into the society in Iran, Mandaeans have been wearing Moslem clothes, learning basic Moslem customs and naming their children with Moslem associated names, these actions are permissible as they are not contained in the Mandaic codes.

Mandaeans are largely unknown outside of Iraq and Iran, as a result they receive little outside assistance in alleviating their suffering.

Reports received by Amnesty International consistently claim that the ability of Mandaeans to freely practice their religion has been severely curtailed in modern day Iran.

The legal position of Mandaeans in Iran

The Mandaean religion is not recognised as a legal religion in Iran and there is no guarantee of basic due process in Iranian courts in the near future. Around 1995, the president of Iran submitted a Fatwa (opinion) recognising the Mandaean religion. However, as Professor Buckley has repeatedly stressed, this opinion has not been ratified by the Iranian Majlis (Parliament). Prior to the 1980 revolution some protection was granted to the Mandaeans, however that protection was lost following the revolution. While the Mandaean religion is recognised in the Koran (the book), it is not recognised in Iran's constitution.

The Iranian republican system is characterized by rule by a "religious jurisconsult," with its key leaders being composed primarily of Shi'a clergymen. In Iran, the Shari'a, a collection of all Islamic laws, plays a central role in Iran, being integral to political and social life.

The UN Special Representative for Human Rights in Iran noted in his September 1998 report that religious minorities are, by law and practice, barred from being elected to representative body and from holding senior government or military positions, However they are allowed to vote.

U.S. State Department reports have consistently highlighted that minority religious groups cannot be guaranteed safety under Iranian law. As discussed above, Mandaean women and girls appear to be particularly at risk of sexual abuse and rape in Iran. It has been reported that Mandaean women have no legal protection against sexual assault in Iran.

Amnesty International has been informed by the Sabian Mandaean Association of multiple cases of Mandaeans being dismissed from work since, due to their religion, the individuals in question did not satisfy the guidelines which set out the conditions of employment. The U.S. State Department highlights that public-sector employment is reserved for those who observe Islam, and that "[t]he law stipulates penalties for government workers who do not observe 'Islam's principles and rules.'" and various sources highlight that permits are not issued for Mandaeans to work with food products.

Because Mandaeans are the smallest group and the least known among the people of the book (i.e. Christians and Jews), it has been harder for them to protect and assert themselves as a legitimate religion. In reality, all of the sources referred to indicate that the Mandaeans have very limited protection before the law.

The Australian Legal System has recognised the persecution of Mandaeans in Iran in many recent cases

Federal Court Decision per Cooper J in Austalia
SBAS v Minister for Immigration & Multicultural & indigenous Affairs [2003] FCA 528 (30 May 2003)

This recent case saw the Federal Court of Australia criticise the Refugee Review Tribunal (RRT) for failing to investigate claims of persecution made by an Iranian family of the Sabian Mandaean faith. They decreed that the RRT failed to deal with claims of violence and threats of violence against Mandaean women by Moslem men.

"The tribunal did not address all the claims of personal violence, and threats of violence to Mandaean women in their homes and in hospitals from Moslem men, nor the reasons for such violence. Nor did it address the claims that children were denied the right to be taught their religion at school, were denigrated for their beliefs and put under pressure to convert to Islam."

The Federal Court found that persecution should include sustained discrimination against groups and individuals unable to protect themselves. This included not being able to attend university, being harassed in daily life, not being adequately treated in hospitals (due to their alleged 'uncleanness') and their complaints to police not being acted on.

Until recently, both DIMIA and the RRT had previously failed to recognise that Mandaeans are treated as infidels and persecuted by Shiite Moslems. Viewing their situation only as discrimination rather than persecution, it appears that the previously held view has been overturned.

The Refugee Advice and Casework Service (Australia) Inc (RACS) submitted to the Refugee Review Tribunal in an earlier case that:

to be granted a protection visa, our clients must satisfy the Tribunal that the discrimination and harassment they suffer in Iran amounts to persecution. Section 91R(2) of the Migration Act 1958 proscribes instances of serious harm for the purposes of the Act. However, s 91R is not exhaustive, and we submit that psychological harm amounts to serious harm for the purposes of the Migration Act.

The Chaplain, Sister Anne Higgins, and psychologist, Mr Russell Wilson, at Woomera IRPC agreed that the persecution suffered by the Mandaeans created a sense of fear and eventual destruction of emotional wellbeing, amounting to serious harm. In a letter that they both signed, they stated:

The constancy of verbal abuse linked to the deprivation of normal human social activities- physical touch in greetings, exclusion from clubs, insults from peers and authority figures in education, denigration of ones religion – often lead to severe depression...fear of sexual exploitation...forced into marriage...powerlessness of the Mandaean people to expect justice from the law leads to a helplessness...insecurity...being in crisis.

The Federal Court concurred in SCAT vs Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 80 (30 April 2003), stating that

"If people are, from an early age, considered by the great majority of the people in the society in which they live to be "dirty", are positively treated as if they are dirty, and if there is otherwise widespread and far reaching discrimination against them, it requires no degree in psychology to accept that this may well be very harmful to [their] mental well-being. In any case, the letter signed by Mr Wilson (as well as Sister Anne Higgins) amounts to a professional opinion on the subject."

The Federal Court thereafter explicitly recognized that "the discrimination, because of its potential to cause serious psychological harm, amounted to serious harm within the Convention definition of a refugee and within s91R of the Act."

The UNHCR states in the Handbook on Procedures and Criteria for Determining Refugee Status that:

... an applicant may have been subjected to various measures not in themselves amounting to persecution (e.g. discrimination in different forms) in some cases combined with other adverse factors (e.g. general atmosphere of insecurity in the country of origin). In such situations, the various elements involved, may, if taken together, produce an effect on the mind of the applicant that can reasonably justify a claim to well-founded fear of persecution on cumulative grounds.

Bearing these Federal Court decisions and the above UNHCR statement in mind, in all of the Iranian Mandaean cases which Amnesty International has been monitoring, there can be no doubt that members of this minority religion face persecution in their country of origin.

Iranian Mandaeans in Detention Centres in Australia

Numerous sources have noted the considerable discrimination that occurs against Mandaeans by Moslems within detention centres in Australia. Many have declared these occurrences as clear examples of the situation in Iran. A recent Federal Court decision used examples of extreme discrimination in Australia's Detention centres as evidence of the problems Mandaeans face in Iran.

The following examples of religious intolerance have occurred under the controlled environment of detention centres:

1. An 18 year old Mandaean girl was verbally abused, pushed to the ground, kicked and abused by Moslems as she was serving food a the mess in Woomera detention centre in December 2001, due to Mandaeans being viewed as 'unclean' by Moslems.
2. A blind Mandaean man was reported to be seized, defecated on and locked in a toilet in November 2001.
3. Moslems have refused to share bathrooms, toilets and laundries with Mandaeans.
4. A Mandaean woman reported a case of sexual assault by Moslem men on the 28th July 2002. This case is currently being investigated by Australian Federal Police.
5. Islamists set fire to dormitory blocks occupied by Mandaeans at Woomera
6. In December 2001 at the Port Headland Detention Centre, a Shi'ite Moslem Mullah was inciting his followers against Mandaeans by preaching that it is lawful to kill Mandaeans and take their belongings.

These attacks have added to the hardships faced by the Mandaeans, which has resulted in attempted suicides in some Detention Centres. At other Centres, such as Baxter, the Mandaean and Moslem populations have been separated. A recent article in the Age expressed the situation concisely:

how is it that the Australian Government can say Mandaeans are not being persecuted, when the persecution is going on in detention camps on Australian soil?.

Further, Amnesty International is aware of internal DIMIA correspondence in which it is clearly stated that a particular Mandaean family "faced persecution" whilst in detention.

Notes:

U.S. Department of State's "International Religious Freedom Report: Iran." October 2001.
U.S. State Department, Bureau of Population, Refugees and Migration report entitled "Proposed Refugee Admissions for FY 2003 – Report to the Congress." September 2002.
1999 Country Reports on Human Rights Practices released by the Bureau of Democracy, Human Rights, and Labor U.S. Department of State, Feb 25 2000.
The Islamic Republic of Iran: Religious Apartheid National Movement of Iranian Assistance (NAMIR). Dr Shapur Bakhtiar.
"Information on the Mandaeans of Iran in regards to Human Rights." ASUTA: The Journal for the Study and Research into the Mandaean Culture, Religion and Language, Jan 2003.
"Persecution of Mandaeans in Iraq." Mandaean Human Rights Committee, 13 Jan 2003.
"Information on the Mandaeans of Iran in regards to Human Rights." ASUTA: The Journal for the Study and Research into the Mandaean Culture, Religion and Language, Jan 2003.
Ibid.
Prof. J.J. Buckley's report to Amnesty International Australia. August 28, 2003.
Private interview.
"Information on the Mandaeans of Iran in regards to Human Rights." ASUTA: The Journal for the Study and Research into the Mandaean Culture, Religion and Language, Jan 2003.
The Sabian Mandaean Association. Correspondence with Amnesty International Australia, 10 June 2003.
As documented by the U.S. Department of State's International Religious Freedom Report on Iran (October 2001), "[u]niversity applicants are required to pass an examination in Islamic theology, which limits the access of most religious minorities to higher education." Also see "Information on the Mandaeans of Iran in regards to Human Rights." ASUTA: The Journal for the Study and Research into the Mandaean Culture, Religion and Language, Jan 2003.
U.S. Department of State Country Report on Human Rights Practices 2001 – Iran – March 2002.
US State Department's Annual Report on Religious Freedom 2000.
Sabian Mandaean Association. Correspondence to Amnesty International. 11 July 2003.
Ibid. This event is also referred to by J.A.J. Ebadirad in her report: "Religious Persecution. In the Eye of the Beholder." June 2002.
Prof. J.J. Buckley's report to Amnesty International Australia. August 28, 2003.
Sabian Mandaean Association. Correspondence to Amnesty International. 20 June 2003.
U.S. Department of State Country Report on Human Rights Practices 2001 – Iran – March 2002.
Prof. J.J. Buckley's report to Amnesty International Australia, Aug 2, 2002. Also referred to in Sabian Mandaean Association's correspondence to Amnesty International 10 June 2003.
"Information on the Mandaeans of Iran in regards to Human Rights." ASUTA: The Journal for the Study and Research into the Mandaean Culture, Religion and Language, Jan 2003.
Ibid.
SCAT v Minister for Immigration & Multicultural &Indigenous Affairs 30 April 2003 Federal Court of Australia per Madgwick, Gyles & Conti JJ.
For instance, Sabian Mandaean Association correspondence with Amnesty International, and Prof. J.J. Buckley's reports to Amnesty International dated 28 August 2003 and 2 August 2002.
The information in this section is derived from the report "Information on the Mandaeans of Iran in regards to Human Rights." ASUTA: The Journal for the Study and Research into the Mandaean Culture, Religion and Language, Jan 2003. This information is supported by reports made by the Sabian Mandaean Association's Correspondence to Amnesty International.
U.S. Department of State's International Religious Freedom Report on Iran. October 2001.
'"With the Mandaeans in Iran." Prof. J.J. Buckley, Religious Studies News 11, No.3. Sept.1996.
Ibid.
US State Department's Annual Report on Religious Freedom 2000.
Ibid.
'Infidels in their own land lose faith in foreign justice' Cynthia Banham and Johnathan Pearlman, Sydney Morning Herald, 29 May 2003.
U.S. Department of State Country Report on Human Rights Practices 2001 – Iran – March 2002.
'Infidels in their own land lose faith in foreign justice' Cynthia Banham and Johnathan Pearlman, Sydney Morning Herald, 29 May 2003.
'The Mandaeans: An Unknown Religious Minority in the Near East.' Prof. J.J. Buckley Institute of Near Eastern and African Studies (INEAS).
'Judge orders refugees review' Russell Skelton, The Age, 9 June 2003.
SCAT v Minister for Immigration & Multicultural &Indigenous Affairs 30 April 2003 Federal Court of Australia per Madgwick, Gyles & Conti JJ.
Quoted in SCAT v Minister for Immigration & Multicultural &Indigenous Affairs 30 April 2003 Federal Court of Australia per Madgwick, Gyles & Conti JJ.

SCAT v Minister for Immigration & Multicultural &Indigenous Affairs 30 April 2003 Federal Court of Australia per Madgwick, Gyles & Conti JJ.
'No escape from Persecution' Russell Skelton, The Age, 10 May 2002.
Ibid.
Ibid.
Reported by M. Barton in the article entitled "Non-Moslem detainees say they fear for lives". The West Australian, 3 December 2001.
'No escape from Persecution' Russell Skelton, The Age, 10 May 2002.
'No escape from Persecution' Russell Skelton, The Age, 10 May 2002, as quoted in 'Information on the Mandaeans of Iran in regards to Human Rights' ASUTA: The Journal for the Study and Research into the Mandaean Culture, Religion and Language, Jan 2003.