In this issue of the peace line, we talked with Saleh Nikbakht, a lawyer, defender, and human rights activist, about the situation of migrants currently present in Iran, especially Afghan citizens, and Iran’s legal obligations towards them. He emphasized the need to adopt a humane approach and believes that, both legally and considering the country’s situation, Iran is not obliged to accept a flood of migrants. The text of this conversation follows:

In the legal system of the Islamic Republic, who are considered foreigners?

Foreign nationals are those who hold a non-Iranian citizenship. Individuals who are granted Iranian citizenship for various reasons are not accepted in certain professions, such as being a judge or holding a diplomatic position in Iran. However, if they are granted Iranian citizenship, they are entitled to other rights, except for those exceptions stated by the law. Currently, all individuals who are in Iran and do not have Iranian citizenship, whether they are Afghan, Iraqi, Lebanese, Yemeni, or of any other nationality or religion, are considered foreigners. However, even among these foreigners, there are discriminatory attitudes. For example, those who have certain ideological, religious, or cultural similarities with the majority of the Iranian people are granted privileges.

Is the Iranian government internationally obligated to accept refugees or is it a humanitarian decision?

It seems that the general public in Iran, especially in the virtual space or those who are political opponents of the Islamic Republic, deal with legal and judicial issues in an extra-legal manner. The laws of all countries in the world regarding the acceptance of refugees or other individuals from different countries are based on humanitarian behavior, not by force to accept them as citizens. However, this issue exists that these extra-legal actions often create legal rights for individuals who believe they have these rights, while this is not the case. During the wars in Afghanistan and Iraq, some people from these countries came to our country as refugees and these refugees were respected and helped according to international regulations and the desires of the people of our country. For example, during the war in Afghanistan and the occupation of Afghanistan by the Soviet Union, many people sought refuge in Iran and were welcomed. However, if Afghans, Iraqis, or any other nationality enter Iran, in my opinion, the Iranian government should not use the

What is the reason for the legal strictness that greatly affects the daily life and livelihood of immigrants?

این موضوع در قانون همه کشورها وجود دارد. اما ما می‌گوییم که اگر این کار را نکنید، این موضوع را نکنید، این موضوع را نکنید، وضعیت بدتر می‌شود. این موضوع درست است. ولی این موضوع درست است که اگر این کار را نکنید، وضعیت بدتر می‌شود. اما این موضوع درست است که اگر این کار را کنید، وضعیت بدتر می‌شود.

Regarding Afghan

Does it mean that in your opinion, we should express our views on the situation of refugees and immigrants currently residing in that country with a realistic perspective and considering the economic conditions of the host country?

The country of England, which is one of the wealthiest countries in Europe, does it take necessary actions for refugees and immigrants? For example, compared to Italy, which is poorer than England, does England provide better facilities for refugees? If I go there and say I am a civil activist from Iran, will they allow me to enter? No, definitely not. However, in these situations, we all know that other countries are good and all Middle Eastern countries like Iran and Iraq are bad. These behaviors are like people who have studied law or economics but are not experts in this issue or other issues, and they give their opinions on all issues of the country. We are practically in this dilemma. See, everyone has the right to be against the government of Iran, I am also against many things that are happening in this country, but that does not mean that I claim when there are three million Afghan immigrants in Iran, all of them should be provided with jobs, or that a bank card should

Do immigrants in Iran commit more criminal acts than Iranian citizens, considering the percentage of immigrant population in society?

I must emphasize that the rate of crimes committed by Afghans in Iran is lower than the rate of crimes committed by Iranian citizens. However, Iranians make a big deal out of this issue and if an Afghan is arrested for theft, rape, or murder, they make a big fuss about it.
For example, among Iranians, Kurdish people commit the least amount of crimes, according to government statistics. But when a Kurd commits a crime, the government’s propaganda machine constantly labels them as a Kurd or an Arab, but they never label someone as a Persian or Iranian criminal. This is a common practice in Iranian society.
And finally, I must remind everyone that creating a space for discussion and debate is only acceptable if experts and specialists are allowed to express their opinions. We should not enter into areas that are not within our expertise, as even the government itself uses faulty arguments and statements. For example, regarding the presence of Afghan immigrants in Iran, the government can claim that I am not responsible for

The fate of the bill granting citizenship to the children of Iranian mothers who have married foreign men is a crucial and vital issue for immigrants. Will this bill be implemented?

This law has been approved and they are obligated to enforce it, which includes the children of all Iranian women who have married foreign men. According to this law, they must all be issued birth certificates and be entitled to the facilities provided to an Iranian. However, unfortunately, the implementation of this law has been delayed due to bureaucratic laws in Iran and opposition from some individuals, and in my opinion, the failure to enforce it is condemnable.

Thank you for the time you have given to the peace line.