Leila Mojtahedi - PEN South Azerbaijan - Mar 7, 2013
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| Leila Mojtahedi |
Violations of Human Rights and Issues of Equity in the Islamic Republic of Iran:
The Case of Sakineh Mohammadi Ashtiani
Ashtiani’s own mother tongue is officially banned in Iran. Is it any wonder then, that she cannot understand the court proceedings and the content of the verdict which has condemned her to death by stoning? Compounding the problem is the overt use of Arabic terms and concepts in Iran’s legal discourse. Arabic terms like “rajm” are drawn from classic Islamic jurisprudence and Sharia literature. It is hard enough for an average Iranian citizen to make sense of such terms, let alone an oppressed woman like Ashtiani whose own mother tongue is banned in her country.
Introduction
This paper offers a discussion about the intersecting nature of systems of oppression based on gender, ethnicity and language in the Islamic Republic of Iran. To this end, the paper examines the case and struggle of a convicted female prisoner named Sakineh Mohammadi Ashtiani in north-western part of Iran, the region of Azerbaijan. The overall objective of the paper is to expose the gross violations of human rights in Iran in terms of gender, race/ethnicity and language, while aiming to contribute to a discourse on equity, equality and equitability in an Iranian context.
Sakineh Mohammadi Ashtiani is an Iranian woman from the province of East Azerbaijan, who has been sentenced to death by stoning by an Iranian court. Right now she is incarcerated under a death sentence in Tabriz prison, having been convicted of adultery and (supposed) collaboration in the killing of her husband. She has been in prison since May 2006.
Ashtiani’s execution was suspended in the wake of international protests against her stoning in July 2010. Due to widespread opposition to her stoning punishment, the Supreme Court in Tehran has delayed the case of stoning but has approved the punishment of death penalty by hanging.
Sakineh Mohammadi Ashtiani's husband, Ebrahim Ghaderzadeh, was killed in 2005. The local police claimed that Ashtiani had collaborated in the killing of her husband. Initially, Ashtiani was sentenced by a court in Tabriz of "illicit relationship" with two men and was then sentenced to 99 lashes. This punishment was carried out in public. Ashtiani's case was opened again before the court of appeals during the trial of the two men for their involvement in the death of her husband. In the course of this trial Ashtiani stated that she had been forced to sign confessions; she also reiterated that she had never committed adultery, a charge to which she has never confessed.
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| Sakineh Mohammadi Ashtiani |
The Iranian Supreme Court approved the death sentence against her in May 2007. Currently she awaits the final punishment which is execution by hanging. Only the intervention of Iran’s supreme leader, Ayatollah Ali Khamenei, may now prevent her final destiny--death.
In my view, Ashtiani’s case makes an excellent topic for exploration because of its relevance for equity and human rights. First of all, she is convicted to maximum punishment because of her gender and also because of the fact that Iran is a patriarchal society. Secondly, she belongs to the minoritized Azerbaijani community whose language does not have an official status in Iran. Thirdly, her case demonstrates how sites of oppression such as gender, ethnicity and language intersect with one another to render her helpless and disempowered. Considering the subject matter of this essay then, the paper will have the following three objectives:
1. To explore violations of the rights of women and gender-based inequality in the Islamic Republic of Iran;
2. To illustrate through Sakineh Mohammadi Ashtiani's struggle, the intersections among gender, race/ethnicity and language;
3. To bring some exposure to issues of injustice, inequality and violations of human rights in the Islamic Republic of Iran, and expose the nature of patriarchy and racism there.
Conceptual Framework
This paper utilizes the intersectional theory as its main discursive and conceptual framework. Up until a few decades ago, issues such as race, class, and gender were viewed as separate categories of discrimination experienced by people who are oppressed. However, recently feminist scholars have recognized how different sites of oppression such as gender, race/ethnicity and class are inextricably linked together (Collins, 2000). Coined by Kimberle Williams Crenshaw (1991), Intersectionality attempts to bring into focus all areas of difference (e.g., gender, race/ethnicity, class, language, religion, etc) and incorporate them in a cohesive analysis regarding the multidimensional nature of oppression. Such areas of difference include (but are not limited to) gender, sexuality, age, ethnicity, physical disabilities, class, status, immigration status, citizenship and so forth. The main idea in intersectionality theory is centred on the notion that there are many stratifications and layers of oppression and discrimination that comprise a person’s identity and that these principles are interconnected with one another and they strengthen each other (Davis, 1981; Anderson and Collins, 2004). Full attention, therefore, must be paid to all dimensions of oppression and domination.
Thus, using an intersectional approach in a paper like this will allow me to better analyze the interlocking and intersecting nature of oppression in Iranian society particularly in terms of gender, ethnicity and language. Additionally, the intersectional approach allows us to probe into violations of human rights and abuses of power much more effectively. By shedding light on multiple dimensions of oppression, it makes the exploration of issues of equity and equality much more transparent and comprehensive.
There can be little doubt that issues around equity, equality and human rights have become major issues in our contemporary globalizing world. While equality is defined in terms of “same treatment” regardless of race, gender, class and other markers of difference; equity is defined in terms of an ability to go beyond “same treatment” and consider systemic and structured forms of inequality and issues emerging from historical notions of oppression and marginalization (Asgharzadeh, 2008).
Gender
Gender serves as a most visible site and category of oppression in the Islamic Republic of Iran. In contemporary Iran, the value of a woman is half the value of a man, for example in the legal system; the veiling is compulsory; the minimum age for marriage is reduced to 13, and among other things, polygamy is sanctioned by the law.
"Based on the Islamic ‘Law of Qisas’ or the ‘Bill of Retribution,’ the dieh or 'blood-money' to be paid for a female victim of murder is only half of that paid for a male victim. Under this Bill, women's testimony in court is only half the value of men's testimony. Since Islamic law requires two women to testify for every one man, a woman can, therefore, not participate in the legal profession. Since a woman’s right to form judgment is not fully recognized, it is rarely possible for her to become a lawyer or a judge. Since a woman's testimony alone does not carry any legal weight, proof of any kind of abuse, mistreatment and crime against her is almost impossible." (Asgharzadeh, 2010, p.5) As we can see, there are many ways through which women are oppressed in Iran. Relations of domination and subordination are sanctified through religion and Islamic Sharia which are the bases for Iran’s constitution, juridical and legal systems. Oppressive gender-based relations exist within the wider society in general, and within the family in particular. Under such conditions, women are expected to care for the domestic sphere, to bear children and raise them, to cook, clean and wash the cloths; whereas men are considered to be ‘the bread winners’ and the providers for the financial needs of the family (Tabari and Yeganeh, 1982; Tohidi, 2005; Deraryeh, 2006; Asgharzadeh, 2007; Bahramitash, 2007; Kar, 2007).
This oppression is multiplied when women do not live in major urban centers; when they don’t speak the dominant Persian language, and when they live in impoverished working class families and rural areas. This notion of multiple oppression applies to the case of Sakineh Mohammadi Ashtiani who is now awaiting execution in a Tabriz prison in Iran. The patriarchal Iranian society oppresses Sakina Ashtiiani because she is a woman and not a man. She is also oppressed because she is an Azerbaijani-Turk and not a Persian. What this means is that in addition to being victimized because of her gender, she is also marginalized and oppressed because of her ethnicity which is subject to racism within Iran (see for example, Asgharzadeh, 2007).
As Mullaly rightly points out,
"Women like all oppressed groups, do not constitute a homogeneous group with regard to their oppression. Although all women are oppressed by patriarchy, not all women are oppressed to the same degree or experience oppression in the same way… For example, ethnic minority women may face `Double jeopardy` because of the combined disadvantages of their gender and ethnicity and may be relegated to the most menial and devalued jobs." (Mullaly, 2010, p. 195)Mullaly’s observation is certainly applicable to the case of Ashtiani who is being subordinated and oppressed from multiple sites and dimensions. In the Islamic Republic of Iran, the majority of those sentenced to death by stoning are women. Stoning is a kind of government sanctioned punishment in which the victim is buried up to her chest and executioners (including general public) apply the sentence by throwing large stones at the victim until she is dead.
Amnesty International and other sources have time and again pointed out that women in Iran “are not treated equally before the law and are particularly vulnerable to unfair trials because they are more likely to be illiterate and therefore sign confessions to crimes they did not commit” (BBC, 15 January 2008 http://news.bbc.co.uk/2/hi/middle_east/7188121.stm).
Not surprisingly, Ashtiani’s lawyer, Javid Houtan Kian was arrested and put in jail just for helping this oppressed woman. In a now famous letter from prison, Mr. Houtan Kian wrote: “A thousand times a day I wish I was dead, but the prison officials and the intelligence ministry want me to die slowly… I appeal to the conscience of the world not to forget me.” The kinds of torture endured by this 33-year-old lawyer include: “his feet and testicles were burned with cigarettes, his teeth were knocked out in beatings and he was soaked with fire hoses on freezing cold nights.” (see the link here for details):http://www.dailymail.co.uk/news/article-2164335/Sakineh-Mohammadi-Ashtianis-lawyer-says-execution-cancelled.html?ito=feeds-newsxml
Language and Ethnicity
Sakineh Ashtiyani, having heard the verdict of an Islamic tribunal in Iran, returns to the jail. Upon arrival, an inmate asks:
“So, what did they give you? How many months did you get?” I have collected the above information through my informal interviews with Ashtiani’s sympathizers, lawyers and Azerbaijani activists. This narrative most vigorously demonstrates the role of language as a site of marginalization and oppression. As an Azerbaijani Turk, Ashtiani speaks Azeri as her natural mother tongue. However, she does not speak Farsi, the only official language in Iran, which is the language of governance, education system, legal system and so forth. Ashtiani’s own mother tongue is officially banned in Iran. Is it any wonder then, that she cannot understand the court proceedings and the content of the verdict which has condemned her to death by stoning? Compounding the problem is the overt use of Arabic terms and concepts in Iran’s legal discourse. Arabic terms like “rajm” are drawn from classic Islamic jurisprudence and Sharia literature. It is hard enough for an average Iranian citizen to make sense of such terms, let alone an oppressed woman like Ashtiani whose own mother tongue is banned in her country.
“I didn’t get any time,” she replies with excitement. “They just gave me the Rajm!”
“Oh, my God! Oh my God!” the inmate starts crying and pulling her hair.
“But they gave me the rajm,” yells Sakineh. “Why are you so upset?”
“Don’t you understand?” interferes another woman prisoner. “Rajm means stoning to death! You are to be stoned! You are condemned to death by stoning!” (informal interviews)
In Iran and the Challenge of Diversity, Dr Alireza Asgharzadeh (2007) has given a vivid picture of Iranian’s ethnic and linguistic diversity. For many centuries Iran has been home to peoples of various ethnic origins, such as the ancestors of contemporary Azeri-Turks, Kurds, Baluchs, Turkmens, Arabs, Lurs, Gilaks, Mazandaranis, Persians and others. The Persian ethnic group constitutes about 40% of Iran’s total population. However, as of 1925, the Persian language has become the only official and national language for the entire country. More than this, successive Iranian governments have actively sought to demonize, dehumanize and eradicate various non-Persian languages in the country (Asgharzadeh, 2007).
Sakineh Ashtiyani is one of Iran’s millions of non-Persian citizens who has not been able to read and write in her own language, a right that has never been denied to Iran’s Persian ethnic group, and the Persian women more to the point. Thus while Ashtiani is a victim of sexism and patriarchy like all Iranian women regardless of ethnicity and language, she is also a victim of racism and linguistic oppression because of her non-Persian ethnicity. And this is why her case is very appropriate for an intersectional analysis. We cannot make sense of what is happening to her unless we take into account the intersections of gender, race/ethnicity and language in Iranian society.
The case of Sakineh Ashtiani is a case of equity, human rights and equality. It speaks directly to violations of human rights in Iran based on gender, ethnicity and language. An exploration of Sakineh Ashtiani’s case sheds light on the dismal violations of the rights of women in the Islamic Republic of Iran. At the same time, this case has the potential of bringing exposure to issues of equity and equality in Iranian society in terms of race/ethnicity and language. Sakineh Ashtiani is an Azeri woman and belongs to a minority group in Iran who are deprived of education in their own mother language. This makes her situation even harder in understanding the verdict and court procedures, as time and again she has shown to be incapable of understanding the language of the court system and its verdict.
In spite of being a richly multicultural and multi-lingual society, Iran has only one official language—Farsi. All non-Persian languages are considered “unofficial” and cannot be used in governmental organizations and throughout state apparatuses. What kinds of obstacles do issues of ethnicity and language create for Sakineh Ashtiani’s case and millions of others like her? This paper has explored this question, to the extent that it could, given the limitations of time and space.
Using the intersectionality perspective, the paper has tried to bring together the intersections of race/ethnicity, language and gender. Intersectionality theory has enabled me to resist the view that sees culture as fixed and depoliticized. Instead, I have tried to see culture as socially constructed, where relations of power and privilege based on race/ethnicity, gender, religion, language and other markers of difference can easily be identified and challenged. And it is through seeing culture as socially constructed that we can look for allies in our struggle beyond our own culture. This is exactly what happened in the case of Sakina Ashtiani. It was the international outcry coupled with the efforts of human rights activists, feminists and students inside and outside Iran that forced the Iranian government to abandon the stoning penalty. The danger, however, is still there. Sakina Ashtiani is still awaiting her execution.
What can be done then? Our solidarity against the stoning punishment showed that if we come together, we can indeed influence change. The first step is to bring exposure to this case and show the gross violations of the rights of Sakina Ashtiani as a woman and as an ethnic/linguistic minority. The second step is to bring pressure on the Iranian government to postpone her execution permanently. This can be done by staging various campaigns, writing letters, informing the general public individually, collectively, and through the media. The Iranian authorities should be made aware that the world has not forgotten about Ashtiani and that we, as world citizens, do care when the rights of an individual like Sakina Ashtiani are grossly violated.
References
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