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Research Article

State obligation and landmines: human rights of the disabled in the Islamic Republic of Iran

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Received 24 Dec 2021, Accepted 16 Jun 2024, Published online: 10 Jul 2024
 

ABSTRACT

Many individuals in Iran continue to fall victim to landmine explosions, even decades after the Iran-Iraq war ended. While the Islamic Republic of Iran has made certain efforts to demine affected areas and establish a compensation system, individuals still suffer injuries from mines that the state has failed to remove or clear and struggle to get compensated following an incident. This research relies on data, case studies, legal analysis, and testimonies to provide a comprehensive assessment of the state’s victim compensation system. The findings reveal that the compensation process is lengthy and arduous, with state agencies prioritising the interests of the state over those of the victims and their families. Consequently, victims and their families are left in increasingly dire economic and psychological circumstances, as not all receive compensation, and those who do receive minimal amounts after significant delays. During this time, victims deplete their meagre savings, exacerbating their already precarious situations.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 Mohammad Reza Soroush Batool Mousavi, Mehdi Masoumi, Shahriar Khateri, Ehsan Modirian, Hamid Shokoohi, Mohammad Javad Fatemi, Mohammad Ali Hematti, Mansour Soroush, Mohammad Ghassemi-Broumand, Mehdi Rassafiani, Mostafa Allami, Farshad Nouri, Amir Yavari, Zohreh Ganjparvar, Mojtaba Kamyab, and Seyed Abbas Mirsadeghi, ‘Epidemiological Study of Child Casualties of Landmines and Unexploded Ordnances: A National Study from Iran’, Prehospital and Disaster Medicine 30, no. 5 (2015): 472–7.

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4 Farahnaz Falahati Ahmadreza Soroush, Mousa Zargar, and Shahriar Khateri Mohammadreza Soroush, Ali Khaji, ‘Amputations Due to Landmine and Unexploded Ordnances in Post-War Iran’, Archives of Iranian Medicine 11, no. 6 (2008): 595–7.

5 The Persian calendar, also known as the Iranian calendar, typically ends around March 20th or 21st of the Gregorian calendar year. This date corresponds to the vernal equinox, which marks the beginning of spring in the Northern Hemisphere. Therefore, the Persian year concludes in the early part of the Gregorian year, usually around the time of the March equinox.

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28 Mehr News, ‘Landmines in Kurdistan Continue to Take Lives/Continuation of Clearance Promises’, Mehr News, https://bit.ly/3pOQiTe (accessed 15 November 2021).

29 YJC, ‘More Than 3 Million Mines and Unexploded Ordnance Have Been Destroyed / 95% of Mine-Infected Lands Cleared’, Young Journalists Club, https://bit.ly/3dNu0LO (accessed 16 November 2021).

30 Armin Köhli, ‘Kurdish Landmine Plight across and Along the Borders’, Journal of Mine Action 11, no. 2 (2008): 20–2.

31 Mine Action Review, ‘Iran’, Mine Action Review, https://www.mineactionreview.org/assets/downloads/Iran_Clearing_the_Mines_2021.pdf (accessed 5 November 2021).

32 The-Monitor, ‘Iran: Mine Ban Policy’, Landmine & Cluster Munition Monitor, http://www.the-monitor.org/en-gb/reports/2020/iran/mine-ban-policy.aspx#ftnref3 (accessed 6 November 2021).

33 Monroe Price, ‘Iran and the Soft War’, International Journal of Communications 6 (2012): 2397–415, https://repository.upenn.edu/asc_papers/732/?utm_source = repository.upenn.edu%2Fasc_papers%2F732&utm_medium = PDF&utm_campaign = PDFCoverPages.

34 The-Monitor, ‘Iran: Mine Ban Policy’, Landmine & Cluster Munition Monitor, http://www.the-monitor.org/en-gb/reports/2018/iran/mine-ban-policy.aspx#ftnref1 (accessed 7 November 2021).

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36 Orkhan Jalilov, ‘Iran, Iraq Agree to Increase Border Security’, Caspian News, https://caspiannews.com/news-detail/iran-iraq-agree-to-increase-border-security-2018-8-18-33/ (accessed 6 November 2021).

37 Daily Sabah, ‘Turkey, Iran Agree to Increase Border Security Cooperation’, Daily Sabah, https://www.dailysabah.com/politics/diplomacy/turkey-iran-agree-to-increase-border-security-cooperation (accessed 6 November 2021).

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41 ‘Regulation on the Implementation of the Law on Assignment of Disability Allowance and Benefits for the Families of the Returnees to War-Affected Regions Who Die or Become Disabled as a Result of Explosive Incidents’, in Book Regulation on the Implementation of the Law on Assignment of Disability Allowance and Benefits for the Families of the Returnees to War-Affected Regions Who Die or Become Disabled as a Result of Explosive Incidents, ed. Editor (City, 1994).

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43 Roja Asadi, ‘Landmine Victims in Iran: From Children to Kulbaran’, BBC Persian, https://www.bbc.com/persian/iran-features-47826602 (accessed 8 November 2021).

44 The-Monitor, ‘Iran: Casualties’, Landmine & Cluster Munition Monitor, http://www.the-monitor.org/en-gb/reports/2020/iran/casualties.aspx (accessed 8 November 2021).

45 Iran is ranked 6th among the states with the greatest total casualties recorded from 1999-2018.

46 The-Monitor, ‘Landmine Monitor 2019: Casualties’, Landmine & Cluster Munition Monitor, http://the-monitor.org/en-gb/reports/2019/landmine-monitor-2019/casualties.aspx (accessed 8 November 2021).

47 M. Saghafinia R. Asadollahi, N. Nafissi, A. Montazeri, M. Asadollahi5 and M. Khatami, ‘Anxiety, Depression and Health-Related Quality of Life in Those Injured by Landmines, Ilam, Islamic Republic of Iran’, Eastern Mediterranean Health Journal 16, no. 11 (2010): 1108–14.

48 Fars News Agency, ‘Clearance of 95% of the Country’s Mine-Affected Lands / More Than 3 Million Mines and Unexploded Ordnance Destroyed’, Fars News Agency, https://bit.ly/3rr91q3 (accessed 9 November 2021).

49 Etemad Newspaper, ‘The Uncertainty of the Case of More Than 400 Mine Victims after 30 Years’, Etemad Newspaper, https://www.etemadonline.com/بخش-اجتماعی-23/608136-مین-جنگ-دولت-فرمانداری-جانبازی-بنیاد-شهید-دیوان-عدالت-اداری (accessed 14 June 2023).

50 Iran Tahsil, ‘Sajaya System: A Comprehensive Integrated Information System for the Martyrs’, Iran Tahsil, https://bit.ly/32UaUlf (accessed 1 December 2021).

51 UN, ‘Convention on the Rights of the Child ’, General Assembly, https://www.ohchr.org/en/professionalinterest/pages/crc.aspx (accessed 9 November 2021).

52 ‘Law on Employment and Social Facilities for Veterans of the Islamic Revolution’, in Book Law on Employment and Social Facilities for Veterans of the Islamic Revolution, ed. Editor (City, 1995).

53 Leila Alikarami, ‘Legal Gap in Support of War Victims’, Shargh Newspaper, https://www.magiran.com/article/4150460 (accessed 9 November 2021).

54 Rasul Rezai, ‘Requirement of the Foundation of Martyrs to Accept and Issue the Percentage of Veterans’, Shenasname Ghanun, https://bit.ly/3ppAjuF (accessed 10 November 2021).

55 Save the Children, ‘Blast Injuries’, in Book Blast Injuries, ed. Editor (City, 2019).

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57 Arsia Taghva et al., ‘Stigma Barriers of Mental Health in Iran: A Qualitative Study by Stakeholders of Mental Health’, Iran Journal of Psychiatry 12, no. 3 (2017): 163–71.

58 CSHR & Impact Iran, ‘The Rights of Persons Disabled by Landmines in the Islamic Republic of Iran’, in Book The Rights of Persons Disabled by Landmines in the Islamic Republic of Iran, ed. Editor (City: Centre for Supporters of Human Rights, 2017).

59 Note: 18 is considered an adult.

Additional information

Notes on contributors

Shabnam Moinipour

Shabnam Moinipour is an expert in human rights in Iran. She earned her doctoral degree in human rights and media communications from the University of Westminster and holds an MA in theory and practice of human rights from the renowned Human Rights Centre at the University of Essex. Dr Moinipour has published numerous peer-reviewed articles in prestigious journals covering interdisciplinary Iran-related human rights issues, such as media, religious and ethnic minorities, children’s right to education, and refugee rights. She is also the author of the book Human Rights, Iranian Migrants, and State Media: From Media Portrayal to Civil Reality.

Leila Alikarami

Leila Alikarami is a well-recognised Iranian lawyer, human rights advocate, and women’s rights expert. In 2006, Leila, with other Iranian women’s rights activists, launched the One Million Signatures Campaign to end legal discrimination against Iranian women. She has been honoured by the European Union as a 2016 Sakharov Fellow in human rights and received the Anna Politkovskaya Award in 2009 from Reach All Women in War. She is a frequent speaker on women's rights and human rights and has published numerous articles in media worldwide. Her book, ‘Women, Law and Activism in Iran’ was published in 2019.

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