I thank the gentlewoman from Florida for yielding and for her leadership on this important issue. And I also thank the gentleman from California (Mr. Lantos) for his support for this resolution and…
I thank the gentlewoman from Florida for yielding and for her leadership on this important issue. And I also thank the gentleman from California (Mr. Lantos) for his support for this resolution and for his leadership on many of these foreign relation issues that we have.
I am very pleased to be here on the floor today, Madam Speaker, to address this issue; and I rise in support of H. Res. 942 to recognize the 100th anniversary of the Iranian constitutional revolution.
The current totalitarian regime of the ayatollahs presents a threat to world peace. It is important to recognize that Iranian history contains within itself the evidence of internal representative constitutional aspirations which would free the Iranian people of oppressive tyranny.
In 1906, the people of Iran brought about a peaceful constitutional revolution to limit the autocratic power of a corrupt regime. As such, it was among the most significant turning points in Iranian history; it and resulted in the establishment of an elected parliament, the Majles, and the creation of a representative system of government, including checks and balances and the separation of powers.
While the constitution that was ultimately drafted as a result of the revolution was never fully implemented in Iran, it presents the Iranian people with an important starting point in their present-day struggle to overcome the tyranny of the ayatollahs.
Much like the situation that we currently see in Iran, before the revolution in 1906 Iran was ruled harshly by leaders who did not have to respond to the will of the people. As the people of Iran watched their leaders squander away their nation's land and resources, they were emboldened by the democratic revolutions that were at that time sweeping through Europe and Latin American. The people of Iran saw what was happening in other countries and demanded similar reforms. Just as today's Iranians see their needs overlooked in their leaders' attempts to hasten the coming of a worldwide radical Islamic state, the destruction of the assets of Iran before the 1906 revolution resulted in widespread poverty, food shortages and plague, though the rulers demonstrated no obligation to relieve the needs of the people.
After years of agitation and a number of failed attempts to bring about representative constitutional reforms in cooperation with Iran's rulers, the reformists chose nonviolent means to establish their demands. Early in 1906, some 16,000 Iranians gathered in the mosques and the public places of Tehran, organized camps, commissaries, and sanitation facilities and established order; and they simply stayed there. In modern terms, it was a giant sit-in that lasted for weeks. And on August 5, 1906, Mozafareddin Shah signed a decree authorizing the creation of a freely elected Majles which was the first task of writing a permanent constitution. The constitution that was created was a modern representative document created upon the model of the Belgian Constitution that met all the requirements of the four demands of the revolutionary democratic movement.
The establishment of an independent judiciary was one. The second was establishment of an independent legislature, with members directly elected by the people. The third was a socio-political progress, including the separation of religion from the affairs of government. I will repeat, the separation of religion. The fourth was a commitment of the government to the territorial integrity of Iran. And in 1907, in one of the most unfortunate events of the Iranian history, Mozafareddin Shah died, and with him died the full implementation of the representative constitution.
Nevertheless, the 1906 constitution has always served as a beacon of liberty for those striving for freedom in Iran. All people on the face of the Earth ought to have the right to live under a constitutionally prescribed government that is representative and responsive to the will of the people. The 1906 Constitution of Iran provides the people of Iran with a blueprint for constitutional government that is a product of their culture and their needs. It has demonstrated that Iranians could come together, using their own resources and their own traditions, to create a liberal representative constitutional state. And even though a corrupt dictatorial reactionary regime has ruled in Iran since 1979, the 1906 Iranian Constitution inspires hope for a free Iran today.
Madam Speaker, I hope the recognition contained in this bill can help inspire Iranians to rise up and expel their country's dictators. Given the current threat the Iranian regime poses to global security today, the whole world should join in supporting and encouraging the Iranian people's fight for freedom and constitutional representation.
I ask my colleagues for support of this important legislation and pray for the day that all of God's children live in freedom and liberty.
Draft 1906 Iran Constitution
In the Name of God the Merciful, the Forgiving.
WHEREAS in accordance with the Imperial edict dated the
fourteenth of Jumada althani, A.H. 1324 (=August 5, 1906), a
decree was issued for the establishment of a National
Consultative Assembly, to promote the progress and happiness
of our Kingdom and people, strengthen the foundations of our
Government and give effect to the enactments of the Sacred
Law of His Holiness the Prophet,
AND WHEREAS, by virtue of the fundamental principle
(therein laid down), we have conferred on each individual of
the people of our realm, for the amending and superintending
of the affairs of the common-wealth, according to their
degrees, the right to participate in choosing and appointing
the Members of this Assembly by popular election,
THEREFORE the National Consultative Assembly is now opened,
in accordance with our Sacred Command; and we do define as
follows the principles and articles of the Constitutional Law
regulating the aforesaid National Consultative Assembly,
which Law comprises the duties and functions of the above-
mentioned Assembly, its limitations, and its relations with
the various ministries of the country.
On the Constitution of the Assembly.
Article 1--The national consultative assembly is founded
and established in accordance with the Imperial edict of the
fourteenth of the Jumada al-thani, A.H. 1324 (August 5,
1906).
Article 2--The National Consultative Assembly represents
the whole of the people of Iran, who (thus) participate in
the economic and political affairs of the country.
Article 3--The National Consultative Assembly shall consist
of the members elected in Tehran and the provinces, and shall
be held in Tehran.
Article 4--The number of elected members of the national
consultative assembly has been fixed, in accordance with the
electoral law, separately promulgated, at one hundred and
sixty-two, but in case of necessity the number of the members
may be increased to two hundred.
Article 5--The members of the national consultative
assembly shall be elected for two whole years. This period
shall begin on the day when all the representatives from the
provinces have arrived in Tehran. On the conclusion of this
period or two years, new representatives shall be elected,
but the people shall have the option of re-electing any of
their former representatives whom they wish and with whom
they are satisfied.
Article 6--The members of the national consultative
assembly who have been elected to represent Tehran shall, as
soon as they meet, have the right to convene the national
consultative assembly and to begin their discussions and
deliberations. During the period preceding the arrival of the
provincial delegates, their decisions shall depend for their
validity and due execution on the majority (by which they are
carried).
Article 7--On the opening of the debates, at least two
thirds of the members of the national consultative assembly
shall be present, and, when the vote is taken at least three
quarters. A majority shall be obtained only when more than
half of those present in the Assembly record their votes.
Article 8--The periods of session and recess of the
national consultative assembly shall be determined by the
assembly itself, in accordance with such internal regulations
as itself shall formulate. After the summer recess, the
national consultative assembly must continue open and remain
in session from the fourteenth day of the month of Mehr (Oct.
6th), which corresponds with the anniversary of the opening
day of the first assembly.
Article 9--The national consultative assembly can sit on
occasions of extraordinary public holidays.
Article 10--On the opening day of the national consultative
assembly, an address shall be presented by it to His Imperial
Majesty, and it shall afterwards have the honor of receiving
an answer from that Royal and August quarter.
Article 11--Members of the national consultative assembly,
on taking their seats, shall take and subscribe to the
following form of oath:
(Form of the Oath.)
``We the undersigned take God to witness, and swear on the
Qur'an, that, so long as the rights of the national
consultative assembly
and its members are observed and respected, in conformity
with these regulations, we will, so far as possible,
discharge, with the utmost truth, uprightness, diligence and
endeavor, the duties confided to us; that we will act loyally
and truthfully towards our just and honored sovereign, commit
no treason in respect of either the foundations of the throne
or the rights of the people, and will consider only the
advantage and well-being of the people and the country of
Iran.''
Article 12--No one, on any pretext or excuse, shall have
any right, without the knowledge and approval of the national
consultative assembly, to molest its members. Even in case of
the members committing some crime or misdemeanor, and being
arrested flagrante delicto, any punishment inflicted upon him
must be with the cognizance of the national consultative
assembly.
Article 13--The deliberations of the national consultative
assembly, in order that effect may be given to their results,
must be public. According to the internal regulations of the
assembly, journalists and spectators have the right to be
present and listen, but not to speak. Newspapers may print
and publish all the debates of the assembly, provided they do
not change or pervert their meaning, so that the public may
be informed of the subjects of discussion and the detail of
what takes place. Everyone, subject to his playing due regard
to the public good, may discuss them in the public press, so
that no matter may be veiled or hidden from any person.
Therefore all newspapers, provided that their contents are
not injurious to any one of the fundamental principles of the
government or the nation, are authorized and allowed to print
and publish all matters advantageous to the public interest,
such as the debates of the assembly, and the opinions of the
people on these debates. But if anyone, actuated by
interested motives, shall print in the newspapers or in other
publications anything contrary to what has been mentioned, or
inspired by slander or calumny, he will render himself liable
to cross-examination, judgment and punishment, according to
law.
Article 14--The national consultative assembly shall
organize and arrange, in accordance with separate and
distinct regulations called the Internal Code of Rules, its
own affairs, such as the election of a president, vice-
presidents, secretaries, and other officers, the arrangements
of the debates and formation of committees, etc.
Duties of the Assembly, its Rights and its Limitations.
Article 15--The national consultative assembly has the
right in all matters and issues to propose any bill which it
regards as conducive to the well-being of the government and
the people, after due discussion and deliberation thereof in
all sincerity and truth; and, having due regard to the
majority of votes, to submit such bill, in complete
confidence of safety and security, after it has received the
approval of the senate, by means of the Prime Minister of the
country, so that it may receive the Royal Approval and be
duly carried out.
Article 16--All laws necessary to strengthen the
foundations of the country and throne and to set in order the
affairs of the realm and the establishment of the ministries
must be ratified by the national consultative assembly.
Article 17--The national consultative assembly shall, when
occasion arises, bring forward such bills as shall be
necessary for the creation, modification, completion or
abrogation of any law, and, subject to the ratification by
the senate, shall submit it for the royal sanction, so that
due effect may thereafter be given to it.
Article 18--The regulation of all financial matters, the
construction and regulation of the budget, all changes in
fiscal arrangements, the acceptance or rejection of all
incidental and subordinate expenditure, as also the new
inspectorships (of finance) which will be founded by the
Government, shall be subject to the approval of the national
consultative assembly.
Article 19--The national consultative assembly has the
right, after the senate has given its approval, to demand
from the ministers that effect shall be given to the bills
thus approved for the reform of the finances and the
facilitation of co-operation between the different
departments of the Government by division of the departments
and provinces of Iran and their respective offices.
Article 20--The budget of each ministry shall be concluded
during the latter half of each year for the following year,
and shall be ready fifteen days before the festivities of
Norooz. (March 21, the Iranian new year)
Article 21--Should it at any time be necessary to
introduce, modify or abrogate any bylaws regulating the
(functions of the) ministries, such change shall be made only
with the approval of the national consultative assembly,
irrespective of whether the necessity for such action has
been declared by the assembly or enunciated by the
responsible ministers.
Article 22--Any proposal to transfer or sell any portion of
the national resources, or of the control exercised by the
government or the throne, or to effect any change in the
boundaries and frontiers of the kingdom, shall be subject to
the approval of the national consultative assembly.
Article 23--Without the approval of the national
consultative assembly no concession for the formation of any
public company of any sort shall, under any plea whatsoever
be granted by the government.
Article 24--The conclusion of treaties and covenants, the
granting of commercial, industrial, agricultural and other
concessions, irrespective of whether they are granted to
Iranian or foreign nationals, shall be subject to the
approval of the national consultative assembly, with the
exception of treaties which, for reasons of state and the
public advantage, must be kept secret.
Article 25--All government and national loans, under
whatever title, whether internal or external, must be
contracted only with the cognizance and approval of the
national consultative assembly.
Article 26--The construction of railroads or chausses, at
the expense of the government, or of any company, whether
Iranian or foreign, depends on the approval of the assembly.
Article 27--Wherever the assembly observes any defect in
the laws, or any neglect in giving effect to them, it shall
notify the same to the minister responsible for that
department, who shall furnish all necessary explanations.
Article 28--Should any minister, acting under
misapprehension, issue on the royal authority, whether in
writing or verbal, orders conflicting with one of the laws
which have been enacted and have received the royal sanction,
he shall admit his negligence and lack of attention, and
shall, according to the law, be personally responsible to His
Majesty.
Article 29--Should a minister fail to give a satisfactory
account of any affair conformable to the laws which have
received the royal sanction, and should it appear in his case
that a violation of such law has been committed, or that he
has transgressed the limits imposed (on him), the assembly
shall demand his dismissal from His Majesty, and should his
treason be clearly established in a Court of Law, he shall
not again be employed in the service of the State.
Article 30--The Assembly shall, at any time when it
considers it necessary, have the right to make direct
representations to His Majesty by means of a committee
consisting of the president of the national consultative
assembly and six of its members chosen by the six ranks. This
committee must ask permission, and make an appointment for an
audience with His Majesty through the Chief of Protocol.
(Wazir-i-Darbar).
Article 31--Ministers have the right to be present at the
sessions of the national consultative assembly, to sit in the
places appointed for them, and to listen to the debates of
the assembly. If they consider it necessary, they may ask the
President of the assembly for permission to speak, and may
give such explanations as may be necessary for purposes of
discussion and investigation.
On the Presentation of Issues to the National Consultative
Assembly.
Article 32--Any individual may submit in writing to the
Petition Department of the Archives of the assembly a
statement of his own case, or of any criticisms or complains.
If the matter concerns the assembly itself, it will give him
a satisfactory answer; but if it concerns one of the
ministries, it will refer it to that ministry, which will
enquire into the matter and return a sufficient answer.
Article 33--New laws which are needed shall be drafted and
revised in the ministries which are respectively responsible,
and shall then be laid before the national consultative
assembly by the responsible ministers, or by the Prime
Minister. After being ratified by the assembly, and signed by
His Majesty, they shall be duly put into force.
Article 34--The President of the national consultative
assembly can, in case of necessity, either personally, or on
the demand often members of the assembly, hold a private
conference, consisting of a selected number of members of the
national consultative assembly, with any minister, from which
private meeting newspaper correspondents and spectators shall
be excluded, and at which other members of the assembly shall
not have the right to be present. The result of the
deliberations of such secret conference shall, however, only
be confirmed when it has been deliberated in the said
conference in presence of three quarter those selected (to
serve on it), and carried by a majority of votes. Should the
proposition (in question) not be accepted in the private
conference, it shall not be brought forward in the national
consultative assembly, but shall be passed over in silence.
Article 35--If such private conference shall have been held
at the demand of the president of the national consultative
assembly, he has the right to inform the public of so much of
the deliberations as he shall deem expedient; but if the
private conference has been held at the demand of a minister,
the disclosure of the deliberations depends on the permission
of that minister.
Article 36--Any minister can withdraw any matter which he
has proposed to the assembly at any point in the discussion,
unless his statement has been made at the instance of the
assembly, in which case statement has been made at the
instance of the assembly, in which case the withdrawal of the
matter depends on the consent of the assembly.
Article 37--If a bill introduced by any minister is not
accepted by the national consultative assembly, it shall be
returned, supplemented by the observations of the assembly;
and the responsible minister, after rejecting or accepting
the criticisms of the assembly, can propose the aforesaid
bill a second time to the assembly.
Article 38--The members of the national consultative
assembly must clearly and plainly signify their rejection
or acceptance of bills, and no one has the right to
persuade or threaten them in recording their votes. The
signification by the members of the assembly of such
rejection or acceptance
must be effected in such manner that newspaper
correspondents and spectators also may perceive it, that
is to say their intention must be signified by some
outward sign such as (the employment of) blue and white
voting-papers, or the like.
On the Introduction of Bills and Other Proposals by the
Assembly.
Article 39--Whenever any bill is proposed by one of the
members of the assembly, it can only be discussed when at
least fifteen members of the assembly shall approve the
discussion on that bill. In such case the proposal in
question shall be forwarded in writing to the President of
the assembly, who has the right to arrange that it shall be
subjected to a preliminary investigation in a Committee of
Enquiry.
Article 40--On the occasion of the discussion and
investigation of such bill as is mentioned in Article 39,
whether in the assembly or in the Committee of Enquiry,
notice shall be given by the assembly to the responsible
minister, if any, concerning that bill, that if possible he
himself, or, if not, his deputy, shall be present in the
assembly, so that the debate may take place in the presence
of one or other of them. The draft of the (proposed) bill,
with its additions, must be sent from ten days to a month
before the time (with the exception of matters added at the
last moment) to the responsible minister; and so likewise the
day of its discussion must be determined beforehand. After
the bill has been discussed in the presence of the
responsible minister, and in case it should, by a majority of
votes, receive the approval of the assembly, it shall be
officially transmitted in writing to the responsible
minister, so that he may take the necessary actions to
implement it.
Article 41--If the responsible minister cannot, for any
reason, agree with the national consultative assembly about
the said bill, he must offer his excuses to it and give it
satisfaction.
Article 42--Should the national consultative assembly
demand explanations on any matter from the responsible
minister, the minister in question must give an answer, which
answer must not be postponed unnecessarily or without
plausible reason, save in the case of secret matters, the
secrecy of which for some definite period is to the advantage
of the country and the people. In such cases, on the lapse of
the definite period the responsible minister is bound to
disclose that matter in the assembly.
On the Conditions Regulating the Formation of the Senate.
Article 43--There shall be constituted another assembly,
entitled the Senate, consisting of sixty members, the
sessions of which, after its constitution, shall be
contemporaneous to the sessions of the national consultative
assembly.
Article 44--The regulations of the Senate must be approved
by the national consultative assembly.
Article 45--The members of this assembly shall be chosen
from amongst the well-informed, discerning, pious and
respected persons of the realm. Thirty of them shall be
nominated by His Imperial Majesty (fifteen of the people of
Tehran, and fifteen of the people of the provinces), and
thirty shall be elected by the people (fifteen elected by the
people of Tehran, and fifteen elected by the people of the
provinces).
Article 46--After the convocation of the Senate, all
proposals must be approved by both assemblies. If those
proposals shall have been originated in the Senate, or by the
cabinet of ministers, they must first be amended and
corrected in the Senate and accepted by a majority of votes,
and must then be approved by the national consultative
assembly. But proposals brought forward by the national
consultative assembly must, on the contrary, go from this
assembly to the Senate, except in the case of financial
matters, which belong exclusively to the national
consultative assembly. The decision of the assembly, in
respect to the above-mentioned proposals, shall be made known
to the Senate, so that it in turn may communicate its
observations to the national consultative assembly, but the
latter, after due discussion, is free to accept or reject
these observations of the Senate.
Article 47--So long as the Senate has not been convoked,
proposals shall, after being approved by the national
consultative assembly, receive the Royal assent, shall then
have the force of law.
Article 48--If any proposal, after undergoing debate and
revision in the Senate, be referred by a minister to the
national consultative assembly, and be not accepted, such
disputed proposal shall, in case of its being of importance,
be reconsidered by a third assembly composed of members of
the Senate and members of the national consultative assembly
elected in equal moieties by members of the two assemblies.
The decision of this (third) assembly shall be read out in
the national consultative assembly. If it be then accepted,
well. If not, a full account of the matter shall be submitted
to His Majesty and should the Royal judgment support the view
of the national consultative assembly, it shall become
effective; but if not, orders will be issued for a fresh
discussion and investigation. If again no agreement of
opinion results, and the Senate, by a majority of two thirds,
approves the dissolution of the national consultative
assembly, this approval being separately affirmed by the
cabinet of ministers, then the Imperial decree will be issued
for the dissolution of the national consultative assembly,
and at the same time orders shall be given for the holding of
fresh elections, the people, however, have the right to
re-elect their former representatives.
Article 49--The new representatives of Tehran must present
themselves within the space of one month, and the
representatives of the provinces within the space of three
months. When the representatives of the Capital are present,
the Assembly shall be opened, and shall begin its labors, but
they shall not discuss disputed proposals until the
provincial representatives shall arrive. If, after the
arrival of all its members, the new assembly shall by a clear
majority confirm the first decision, His Most Sacred and
Imperial Majesty shall approve that decision of the national
consultative assembly, and shall order it to be carried into
effect.
Article 50--In each electoral period, which consists of two
years, orders for the renewal of representatives shall not be
given more than once.
Article 51--It is agreed that the kings of our successors
and posterity shall regard as a duty of their sovereign state
and an obligation incumbent upon them the maintenance of
these laws and principles, which we have established and put
into force for the strengthening of the edifice of the
country, the consolidation of the foundations of the Throne,
the superintendence of the machinery of Justice, and the
tranquility of the nation.
14 of the month of Dhu'l-Qa'da, in the year of 1324 A.H.
(=December 30, 1906).
``These constitutional laws of the national consultative
assembly and the senate, containing fifty-one articles, are
correct.
(Dhu al-Qi'dah 14, A.H. 1324''
(=December 30, 1906).
(Underneath the concluding words is the signature of the
Muzaffaru'd-Din Shah, and on the back of the page are the
seals of the then Crown Prince or Wali-'ahd (the deposed
Shah, Muhammad'Ali), and of the late Mushiru'd-Dawla.)