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Iran's clerics take the first round
By Hooman Peimani

Last week the powerful Guardian Council rejected two bills presented by Iranian President Mohammad Khatami. However, the development did not surprise those following the factional rivalry within the Iranian political system. Unlike what Khatami hinted a few months ago when he presented the bills to the Iranian parliament, he has no intention to resign in reaction to the rejection. Instead, he has declared his plan to reach a compromise with the Guardian Council. That move will certainly further erode his already damaged credibility among those Iranians who are dissatisfied with his lack of decisiveness even to implement his own limited reform program.

Late last year, Khatami publicized his frustration with the conservative faction of the Iranian ruling elite, which had prevented him from fulfilling his election promises on the liberalization of Iranian society. The preventive measures, according to Khatami, deprived the head of the executive branch (Khatami) of the power required for performing his constitutional duties and for embarking on his promised reform program. To end the resulting deadlock, Khatami presented to the Iranian parliament two bills, of which one meant to secure his constitutional power as president, which he described as a necessity for discharging his duty. Another sought to limit the Guardian Council's control over the election process by limiting its vetting power of candidates and by making changes to the criteria for such vetting.

Unsurprisingly, the parliament dominated by Khatami's supporters, the reformist faction, approved the bills after going through a process deliberately prolonged through filibustering of the rival minority faction. As provided by the Iranian constitution, the approved bills were sent to the Guardian Council. Acting practically as a type of upper house of the parliament, the council is in charge of determining the compatibility of all approved bills with the Iranian constitution and the religious law (sharia). After a few months of deliberations, the latter rejected the two bills on the ground of their violating the constitution. In such a case, the bills can be submitted to the Expediency Council headed by former president Akbar Hashemi Rafsanjani. That council arbitrates between parliament and the Guardian Council on disputed bills, a process usually done by changing certain aspects of the rejected bills to make them acceptable for the Guardian Council.

However, on Sunday Khatami refused to follow that path, as he correctly recognized the satisfaction of the Guardian Council as the only way to end the long process. In a letter addressed to parliamentary Speaker Mehdi Karroubi, he justified this decision since "referring the bill to the [Expediency] Council will mean [that he] accept the sharia and constitutional faults" as claimed by the Guardian Council.

While rejecting the two bills' alleged unconstitutional and anti-religion nature, Khatami added, "I believe there is [a] need at this phase to reach [an] understanding with the esteemed Guardian Council." In his reference to the bill on the presidential power, he stressed, "I believe there is no major defect in the bill as far as the sharia law and the constitution are concerned, and if there is any, they are few and removable and there is complete readiness on our part for [reaching an] understanding with the esteemed Guardian Council."

Khatami's willingness to hammer out his differences with the Guardian Council reflects his intention to avoid a crisis which could further weaken the Iranian regime. Such an outcome could encourage the US government to seek to destabilize the latter as part of its "regime change" program. In his mentioned letter to Karroubi, Khatami therefore stressed the sensitivity of the situation and the necessity of national unity to deter any such program. Thus, "while it rains stones from the sky, it is extraordinarily important to strengthen the bond between the government, the nation and the regime at this sensitive juncture". In such a situation, it is necessary to avoid a crisis over the rejected bills through a compromise with the Guardian Council. "God willing," Khatami added, "with the understanding between [the] majlis [parliament] and [the] Guardian Council, we will manage to calmly pass through this phase." To meet that end, he attached to the letter two booklets containing his government's proposals to deal with its differences with the Guardian Council.

The rejection of the two bills dashed Khatami's hope to revitalize his reform program through his desired changes. Even if successful, his efforts to reach a compromise with the Guardian Council would only detract from the bills' usefulness. The changes proposed are not even fundamental ones, as they are meant only to enable the president to discharge his duties, a point stated in Khatami's mentioned letter. Accordingly, "I am against rejecting the bills. They were the minimum requirements for running the country's affairs." The acceptance of the Guardian Council-demanded amendments or at least some of them as a price for the bills' approval would only discredit the president in the eyes of Iranians, and as such the approved bills would not grant him even the minimum desired power. Khatami, therefore, complained, "In their proposed amendments to the bill, the Guardian Council has limited the presidential powers to an extent that in certain respects the authority of the president is much less than that of an ordinary citizen."

Thus approval of the bills, while avoiding a weakening confrontation between the two rival factions, will not enable Khatami to fulfill his promises. Moreover, an unacceptable compromise for their approval will make them hard to be sold to Iranians, who are losing interest in Khatami's slow-paced and limited reform. The latter falls short from creating a desired democratic political system. Although he earlier hinted at resignation should the bills not be approved, he has not shown any interest in that option. Amid rumors about his resignation, Iranian government spokesperson Abdullah Ramezanzadeh denied any such intention last week as he emphasized, "The administration of Mr Khatami is very hopeful about the future of economic, social and cultural progress, and thus the issue of resignation is out of the question."

The impact of the rejected bills on Iranian society should not be exaggerated. The existence of a reformist faction in the Iranian regime reflects the strength of a popular pro-democracy movement in Iran, but not a reason for its existence. Social and economic developments beginning more than a century before the emergence of the reformist faction have necessitated a fundamental change in the Iranian political system, which is yet to be realized.

The Iranians have experimented with different ideologies and methods to achieve that objective, as evident in several failed popular movements throughout the 20th century. They now seem to have finally opted for a gradual and peaceful process to build a democratic society, while preserving their independence and territorial integrity. This has been reflected in a growing use of democratic means and forums (public meetings, interest groups, media, etc), despite their limits as dictated by the status quo, to express their views. It has also manifested itself in an aversion of violence as a way for a political change.

Within this context, the rejection of the bills has been a clear setback for Khatami and a source of disappointment for Iranians who support any effort for the liberalization of their society. However, it will not have a major impeding effect on the gradual process of forming a democratic society. The major loser of this event is Khatami, whose efforts to reach a compromise with the Guardian Council will likely further damage his popularity among the Iranians.

Dr Hooman Peimani works as an independent consultant with international organizations in Geneva and does research in international relations.

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Jun 5, 2003



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