Four Decades of the Referendum Taboo

Although the Islamic Republic of Iran gained legitimacy after a public referendum in April 1979, the topic of referendums has remained a taboo with numerous executive obstacles. According to Article 59 of the Constitution, referendums can be held on 'very important economic, political, social, and cultural issues' only if two-thirds of the representatives vote in favor. Any parliamentary resolution related to this must be approved by the Guardian Council, half of whose members are appointed by the Supreme Leader. Besides this legislative referendum, based on Article 177 of the Constitution, the Supreme Leader can also order a referendum for 'constitutional revision' or 'extraordinary political decisions.' Therefore, given the complex power dynamics and existing legal frameworks, holding any type of referendum in a situation where the Supreme Leader is not in agreement is practically impossible, and presidents or political figures and groups have no authority to implement it. The three referendums held between 1979 and 1988, regarding the establishment of the Islamic Republic, the approval and amendment of the Constitution, were conducted only after the orders of Ayatollah Khomeini, the founder, and Ayatollah Ali Khamenei, the Supreme Leader. Since then, any proposal or request for a referendum has faced harsh reactions from figures and institutions close to the top of the power structure in Iran. This strict approach to requests for referendums from official political figures and groups occurs while senior officials of the regime completely ignore any referendum demands from groups and dissenting citizens. Demands such as a referendum for the separation of religion from politics, mandatory hijab, and similar issues are generally overlooked. Agreement with a proposal that, according to the law, should only put two questions 'yes or no' to a vote worries Iranian leaders about it turning into a referendum on the acceptance and legitimacy of the Islamic Republic. Therefore, it seems that Hassan Rouhani's renewed request for public opinion on 'disputed issues between the institutions of the Islamic Republic' is an attempt to attract public opinion and pressure the power institutions. The Iranian president made this suggestion in his speech at the 39th anniversary of the revolution, following a request from the Guardian Council to facilitate 'the way to elections' and allow 'all tendencies to participate in elections.' This topic likely relates to the upcoming elections, specifically the 11th parliamentary elections, and reflects Rouhani's concern about the potential disqualification of his close associates, supporters, and like-minded individuals. Rouhani had previously, in 2014, called for public opinion on 'disputed issues' during an economic conference. At that time, his reference was seen as a kind of verbal conflict with hardliners against his first government, especially in the 9th parliament. However, it was not only Hassan Rouhani who has used this unutilized constitutional principle as a lever to advance political disputes and attract public opinion. Alongside some political figures and parliament members, all Iranian presidents except Ali Khamenei and even his prime minister Mir Hossein Mousavi have made such requests. Even Ayatollah Khamenei himself raised the possibility of changing Iran's political structure from a presidential system in 2011 but has yet to implement it. Akbar Hashemi Rafsanjani, the former head of the Expediency Discernment Council, also emphasized constitutional reform through a referendum in 2014, stating, 'Any law written based on Islamic principles is for the people.' The Iranian nuclear file is one of the issues that has faced calls for a referendum multiple times. Abdollah Nouri, the interior minister during Mohammad Khatami's administration, warned in 2012 about the consequences of insisting on continuing the nuclear program and suggested that public opinion be sought on the continuation of uranium enrichment. Before him, Mir Hossein Mousavi, a leader opposing the results of the 2009 presidential election, strongly criticized the foreign policy of Mahmoud Ahmadinejad's government and their position regarding UN Security Council resolutions against Iran, calling for a referendum on the nuclear file. The UN Security Council had issued several resolutions demanding a halt to uranium enrichment in Iran. Hassan Rouhani, who was responsible for Iran's nuclear negotiations during Khatami's presidency, stated that a referendum on continuing uranium enrichment was proposed in the final months of Khatami's administration and did not face significant opposition within the government. However, due to the proximity of the 2005 presidential elections, it was not implemented. One month after the 2009 presidential elections and the subsequent protests, crackdowns, and widespread arrests, former President Mohammad Khatami considered relying on public opinion as the only way out of the political crisis at that time. The Combatant Clergy Association welcomed Khatami's proposal in a statement, stating, 'The trust of at least millions of people in the electoral process has been lost,' and therefore, 'instead of insisting on ineffective methods that have only resulted in further loss of trust, a referendum should be held in which the general public can freely participate to express their opinions on what has happened.' They had requested that the referendum be conducted 'under the supervision of a neutral and trusted body like the Expediency Discernment Council.' This request, however, did not receive approval from senior officials of the regime. But such a demand was raised again a few months later, in March 2010, this time by Mehdi Karroubi, with more clarity. This political activist, under house arrest, wrote in a statement: 'While the totalitarian movement wants to turn the February 11 march into a referendum to confirm its violent and anti-people policies, I suggest that a referendum be held based on Article 59 of the Constitution to end the Guardian Council's hegemony.' Karroubi's request, like Khatami's, faced a harsh reaction from hardliners and institutions and figures close to the Supreme Leader. Although organizations and figures close to the top of the power structure, known in Iranian political parlance as 'insiders,' have always opposed any action that challenges the system's structure, Mahmoud Ahmadinejad, the president close to Ayatollah Khamenei, unexpectedly proposed holding a referendum during his last televised speech at the end of 2009, following his disagreements with the 9th parliament over the implementation of the targeted subsidies plan. This issue was ultimately resolved with a compromise between the government and parliament, and the referendum file was closed. However, not all political events in Iran have had a happy ending. Among them is the case of the twin bills proposed by Mohammad Khatami, the then-president, regarding increasing presidential powers and reforming the electoral law. At that time, Mohammad Reza Khatami, the deputy speaker of the 6th parliament, had warned: 'If the twin bills are rejected by the Guardian Council, we will propose a referendum.' These bills were rejected by the Guardian Council, marking the beginning of the sit-in of the 6th parliament representatives. Ultimately, the 8th government president withdrew the twin bills. The protest action of the reformist representatives of the 6th parliament led to widespread disqualifications for the 7th parliamentary elections. They intended to participate in the 7th parliamentary elections with a plan for several 'national referendums' aimed at what they called 'ending the one-sided power of the undemocratic and unaccountable authority,' but in practice, they were left with no competitive opportunity due to the disqualification of almost all their candidates. Besides the mentioned examples, there have been other instances of this topic being raised in the past four decades that caused significant noise at the time, including the request by Attaollah Mohajerani, the legal and parliamentary deputy of Akbar Hashemi Rafsanjani in the 1990s for a referendum on lifting the two-term candidacy restriction for the presidency, which even faced opposition from the then-president. Another example was proposed in 1981 by Abolhassan Banisadr, the first president after the revolution, who, following escalating disputes with the parliament and Mohammad Ali Rajai, the then-prime minister, suggested a 'deadlock and referendum' plan to exit the crisis. His proposal faced widespread political reactions and ultimately did not lead to any outcome due to Ayatollah Khomeini's harsh response. Reviewing some of the most significant requests for holding referendums in Iran shows that not only is there no positive response to such demands, but the results of various elections are generally described and perceived as a referendum confirming the structure of the Islamic Republic. Therefore, the principles of Iran's Constitution regarding referendums have remained a political taboo even after four decades since the revolution.