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The Universal Bill of Rights

History:

I wrote this document during the upsurge of the disputes in the Worker-communist Party of Iran regarding the class character of the Iranian society and hence its revolution, from the passing away of Mansoor Hekmat in 2002 and its fourth congress in 2004. The document was presented to the fourth congress of the party in 2004 and was adopted.

My major concern and aim at that time was to create a self-consciousness in regard to the core of a communist revolution and create a sort of barricade against the rising liberal- populism which was resorting to the ides of a classless society and a classless revolution.

This document tried to provides a worker view against liberal ideas of human rights, demonstrating the limits of bourgeois' views on humanity, and hoist a flag in front of the influx of the neo-liberalism in the party; a trend which took the Worker-communist Party of Iran to its current totlay liberal and bourgeois stand.

The document was also adopted by the founding conference of the Communist Workers Party – Hekmatist in September 2004.

As, for the success or failure of this attempt, one should judge him/her self.

PREAMBLE

Society should guarantee the freedom of all human beings. Freedom means freedom from oppression and political despotism; freedom from economic subjugation; freedom from intellectual enslavement; freedom to explore different aspects of human life; freedom to develop one's creative capacity; and freedom to experience the vast expanse of human emotions.

Society should guarantee the equality of all human beings. For us equality is not the mere equality before the law but equality in the enjoyment of all the material and intellectual wealth and opportunities in the society; equality in respect and the integrity of all human beings.

But, the majority of the people in the world neither enjoy this freedom nor do they enjoy the material wealth which they themselves have produced. Material and intellectual destiny of human beings is bounded to the production of profit. Exploitation and economical submission of the vast majority of the people is the governing rule of the world. The logic of the capitalist production for profit necessitates keeping hundreds of millions of people "profit productive" and in abject poverty. Poverty, deprivation, discrimination and inequality, suppression and political despotism, ignorance, superstition and cultural backwardness, unemployment, homelessness, economical and political insecurity, corruption and crime are all inseparable calamities which are reproduced everyday in the modern capitalist societies.

Freedom of the human beings, in the eye of the bourgeoisie, is in essence the freedom of exploitation and the freedom to be exploited. Even whenever the human rights come to the consideration, at best, limited and conditional rights are brought up which majority of the people can not use them anyway. Freedom and equality are not compatible with economic submission. By ignoring this fact, the capitalist human rights cannot answer the needs of the majority of the human beings. The "Declaration of the human rights" does not guarantee the freedom and equality of people. It is a tool to prevent the uprising of the freedom seeking population. It is a tool to prevent people and intellectuals noticing the real dimensions of freedom and equality and its contradiction with the very nature of the capitalist society.

With the adoption and publication of the "The Universal Bill of Rights", Worker-communist Party-Hekmatist offers a clear vision of the basis of the human rights. The Worker-communist Party-Hekmatist considers these rights as the unalienable rights of every one in the world and endeavours to materialize them.

Furthermore, the adoption and propagation of "The Universal Bill of Rights" in the current political environment in Iran is a significant measure and enhances the role that the Worker-communist Party - Hekmatist can play. The Iranian society is on the threshold of one of its most important periods in its history. The Islamic Republic can be overthrown. The people in Iran can and should not limit their struggles to the overthrow the Islamic government but to replace it with a social order in which freedom and equality, in its deepest sense, are realised.

The Worker-communist Party - Hekmatist considers The Universal Bill of Rights as the unalienable rights of the people and upon the worker's revolution and seizure of the political power and the proclamation of the Socialist Republic will declare these rights as the basis of all legal and political framework of the society.

Worker-communist Party- Hekmatist calls on all to support the Universal Bill of Rights.

The Universal Bill of Rights

The following articles set out the universal and unalienable rights of every human being. No laws, legislations or policies shall undermine any of the articles stated in this Bill. No individual or groups of people shall be discriminated against and denied the rights set out in this Bill. The state and its institutions are obliged to guarantee the access of everyone to enjoy these rights.

  1. Life is the most fundamental right of human being. The body and mind of everyone is immune from any harm.
  2. Exploitation of human is prohibited. Wage labour, the prevailing form of exploitation of the present-day world and all kinds of economic subjugation, enslavement, and slave labour under any consideration is prohibited.
  3. Work is a voluntary and creative activity of human beings. Everyone is entitled to develop and deploy hers/his practical and mental creativities.
  4. Everyone, regardless of his/her position in the production process, has the right to enjoy the material and mental subsistence that exist in the society.
  5. Everyone is entitled to adequate rest, leisure and security. Everyone has the right to adequate accommodation and amenities available in the society.
  6. Every child has the right to a happy, secure and creative life. The society will guarantee the well-being of every child and his/her access to these rights irrespective of hers/his family's means and circumstances. The state is obliged to ensure uniform and the highest possible standard of welfare and opportunities for all children.
  7. Everyone is entitled to unconditional freedom of expression in all its forms, written, oral, and artistic or any other forms both individually and collectively. Everyone is entitled to full and unconditional freedom of criticism, the right to criticise all political, cultural, ethical, and ideological aspects of the society. Protest and strike, individually or collectively, is an unalienable right of every individual. Everyone can organise a political party or any other organisations or join the existing ones.
  8. Everyone is entitled to be treated with respects and integrity. Libel and denigration of character is prohibited. Any incitement to hatred on the basis of religious, ethnic, racial and gender superiority is prohibited.
  9. Inquisition is prohibited. Every person has the right to refuse to testify against his/her self and to avoid self- incrimination. Everyone has the right to remain silent about one's personal views and beliefs.
  10. Everyone has the right to full and direct participation in the governance of the country. All the officials and institutions of state administration, from bottom to top, are to be elective. People have the right to appoint and dismiss all officials of political and administrative organs of the state. All adults have equal and universal rights to vote and have the right to run for all positions in the legislative and executive organs of the society.
  11. The state, its institutions and officials by definition have no rights unless it has been explicitly granted to them by the people.
  12. The state and its organs must be separated from religion and ethnicity. Any kind of financial, material and moral support by the state to religion and religious activities is prohibited. All religious and ethnic notions and references should be eradicated from all laws. Any reference to people's religious, ethnic and racial identity in official and state documents is prohibited.
  13. Freedom of religion and atheism is unconditional. Religion should be separated from state and education. All kinds of physical and psychological manipulation and coercion for acceptance of religion is prohibited. Children and persons under 16 from should be immune from all forms of material and spiritual manipulation by religions and religious institutions. Religion is an adult's subject and attracting people under the age of 16 to religious sects or religious ceremonies and locations is prohibited. Teaching religious subjects and dogmas or religious interpretation of subjects in schools and educational establishments is prohibited.
  14. Compulsory and official religion or language is prohibited.
  15. Everyone has the right to enjoy good health and benefit from all the present-day healthcare provision and facilities.
  16. Everyone has the right to live in a healthy and safe environment.
  17. Everyone has the right to socialise and have a social life. Segregation of people from the social environment and denying them opportunity of association with others is prohibited.
  18. Everyone has the right to seek the truth about all areas and aspects of social life. Censorship and control by state or media is prohibited.
  19. Everyone has the right to education. Everyone has the right to enjoy all educational facilities in the society. Every one has the right to enjoy all the resources and opportunities available in the society to improve and develop one's skills and knowledge and access the latest human scientific endeavourers.
  20. Every elderly, regardless of their financial situation, has the right to enjoy a safe, happy and creative life and to enjoy all the amenities, including healthcare, available in the society. The state will ensure and implement this right.
  21. Everyone, over the age of 16, has the unconditional right to choose one's place of residence, to travel and movement, to travel abroad and reside any country she/he wishes to.
  22. Everyone who accepts the legal obligation of citizenship has the right to become a citizen of the country.
  23. Citizens' homes, correspondence and conversation is protected against any form of intrusion by the authorities.
  24. Everyone has the unconditional freedom of choice of clothing. Any official or implied requirement on the amount or type of clothing that men or women should wear in public is prohibited.
  25. Everyone has the right to refuse to take part in war or in any military activity that is incompatible with his/her principles and beliefs.
  26. Free and consensual sexual relationship is the undeniable right of anyone who has reached the age of consent. Voluntary relationship of adults with each other is their private affair and no person or authority has the right to scrutinise it, interfere with it or make it public.
  27. Sexual relationship of adults (persons over the age of consent) with under-age persons, even if it consensual is illegal and the adult party is prosecuted under the law.
  28. Judges and other judicial authorities are independent from the executive. All judges and judicial authorities to be elective by people, and revocable whenever the majority of the electorate so decide.
  29. All special courts are abolished; all trials to take place in common courts.
  30. Everyone is equal before the law. No one is given immunity before the law. All citizens has the unconditional right to take legal action against state officials.
  31. Everyone has the right to refuse to testify against his/herself and avoid confession.
  32. In all trials, the accused is presumed innocent until proven guilty. The accused has the right to a fair trail. Any confession extracted under duress torture and psychological pressure is illegal and invalid.
  33. Death penalty and life imprisonment or any other forms of punishment that involves violation of body is prohibited.