| چکیده انگلیسی مقاله |
A B S T R A C T Background and Aim: Numerous human rights reports from 2011 to 2021 have been the source of international sanctions against the Islamic Republic of Iran, and issues related to border guarding are one of the topics of these reports. The purpose of this article is to explain the situation of border guards in this field. Methodology: The most important issues of human rights have been collected and described with theoretical and library studies and a survey tool, and the border guard situation has been evaluated with the qualitative content analysis method. Results: In the human rights reports, issues related to the violation of the rights of minorities and the treatment of Kolubran have been taken into consideration. Defects in laws and regulations, weak border management and organizational problems have been assessed as the most important challenges of border guarding in relation to human rights, which have structural and functional aspects. Indicators of the weakness of border management include economic inequalities, improper distribution of social values and human dignity, illegal residence of border residents and failure to explain the border guarding situation by the authorities. The weak indicators of the law include the shortcomings of the law on the use of weapons, the constitution, the country's border guard regulations, and the shortcomings of the law on facilitating border exchanges and the plan for border trade. The indicators of organizational problems include the difference in the attitude of officials and the difference in mission. The calculated indicators have a direct and indirect effect on the observance of human rights by the Border Guard Command. Conclusion: The Border Guard Command of the Islamic Republic of Iran is directly and indirectly facing structural and operational problems in order to comply with human rights standards, which does not play an effective role in creating them Extended Abstract Introduction The membership of the Islamic Republic of Iran in these international documents has created requirements to comply with these rights, and it is obvious that observers as reporters should be provided by the United Nations to fulfill these obligations. From 2011 to 2021, several reports were issued by these reporters in the field of human rights, one of which was the violation of human and minority rights by border guards. Old executive regulations in the field of border guarding and inconsistent with the current conditions (such as the Border Guard Code of 1336), the shortcomings of countermeasures for border guarding (such as the law on the use of weapons), conflicting approaches and opinions of officials regarding smuggling and how border guards deal with this phenomenon, the presence of motivation The political and biased views of UN reporters and the multitude of UN human rights reports about border guards are signs and evidences of the existence of problems in observing human rights by border guards. This article is written with the aim of explaining the situation of the border guard in the implementation of the provisions of human rights documents and seeks to answer the question of what state the border guard is in to respect human rights. Methodology The current research is applied in terms of purpose and descriptive-analytical in terms of method. In the descriptive section, the current situation of border guarding of the Islamic Republic of Iran has been described and explained, and in the analytical section, the content of human rights reports on the border guarding of the Islamic Republic of Iran has been conceptually analyzed. The nature of the data is qualitative, and the method of data collection is in the form of a library and referring to the sites and articles of scientific and international statistical centers. Based on this, human rights reports against the Islamic Republic of Iran from 2011 to 2021 include 14 reports collected and evaluated, and the content related to the border guard in these reports has been extracted. In the following, the most important human rights defects of the border guard of the Islamic Republic of Iran are described in the human rights reports, and the effective factors in creating them are analyzed with the existing conditions of the border guard. Results and discussion The Islamic Republic of Iran has so far been a member of 15 treaties related to human rights, the most important of which include the International Covenant on Civil and Political Rights and the International Covenant on Political, Social and Economic Rights, the International Convention on the Elimination of Any Discrimination, the Convention on the Status of Refugees, is. With regard to the guarantee of existing global implementations in relation to international treaties, the Human Rights Commission has always monitored Iran's international obligations in various developments. The existing weaknesses and ambiguities have led this organization to appoint a special reporter in several cases in order to avoid accountability. The most important topics of human rights reports against Iran are the rights of children and adolescents, freedom of speech, human dignity, minority rights and fair trial, which are affected by Iran's international treaties, especially the 1966 International Covenant on Civil and Political Rights and the Convention on the Rights of the Child. . It is part of the reports regarding the shooting and killing of Kolbaran. The term "cobbler" refers to those who, in the modern era, carry goods that are considered contraband according to the government's definition on their backs and transport them from difficult-to-pass areas and border gaps into border towns and villages in order to make a living. Kaderzadeh and Ghiathund, 1401: 64). Since the reporter considers all Kolbarans to be minorities, he considered the behavior of border guards towards them as a violation of the rights of minorities. In paragraph 64 of the February 2012 report, the United Nations human rights reporter has criticized the shooting at Kolbaran and the injury and material damage to them. This report is the first report prepared according to resolution 9/16 with number A/66/374 and it is presented to the Human Rights Council and presents the developments related to human rights following the beginning of the mission of the Special Rapporteur on August 1, 2011. In the 31st meeting of the Human Rights Council in March 2016, the report on the situation of human rights in the Islamic Republic of Iran was presented by the UN rapporteur following the Council's resolution No. A/HRC/31/69, which, in the chapter on the rights of ethnic and religious minorities, The border guards have pointed out that the Kurds were insurgents, and the Border Guards have objected to the shooting of Kurds in Kermanshah and Kurdistan, as well as around the border areas of Sistan and Baluchistan. In the 46th session of the Human Rights Council in February 2021, the report on the situation of human rights in the Islamic Republic of Iran was presented by the UN rapporteur (Javid Rahman) following the Council's resolution No. A/HRC/46/50, which, in the chapter on the rights of ethnic and religious minorities, It is mentioned that the border guards shot at Kolbaran and killed them. Conclusion One of the factors leading to the issuance of human rights reports against the border guard, ignorance and the negative background of the human rights reporter, was evaluated as having an external and internal nature. Its external dimension is related to the impact of international pressure on human rights reporters and their use of inaccurate and inaccurate sources, which is evidenced by the ambiguities and generalizations in the reports. In the internal dimension, the authorities' failure to explain the border conditions, border guards and population conditions of the country to the human rights reporter plays a role in issuing such reports. Old laws that are not compatible with the missions and new conditions of borders and border guards, along with the shortcomings of the regulations related to the trade of border dwellers and colbari, are among the functional and structural weaknesses that lead to the issuance of human rights reports against border guards. Economic inequality, improper distribution of social values, and unauthorized residence of border residents as managerial and functional weaknesses are the basis of human rights reports against border guards. Border transactions through border markets and the difference in regulations and facilities compared to border dwellers create social and economic inequality and lead to an increase in the tendency to smuggling and as a result increase the loss of life and money of border dwellers. The difference in the attitude of officials and border guards towards the phenomenon of Koulbari, as well as the different missions of border guards, are the causes of organizational factors in human rights complaints against border guards. This difference in procedure and mission puts border dwellers in an ambiguous and harmful situation, in a way that they have no role in creating. While the geographical situation of the borders and the difficult conditions of the border guard, along with the infrastructural and structural deficiencies, are grounds for issuing human rights reports against the border guard, this organization does not have an actual or potential role in the emergence of such grounds. The shooting of the border guards at the Kolubrans is done according to the law on the use of weapons and in line with their legal duties and missions, and if such a procedure is objectionable, it is not due to a defect in the performance of the border guards. Border guards have no role in facilitating border relations and border residents, and the only effects of existing economic and social inequalities and management conflicts are the contribution of border guards. While the means, facilities and powers of the border guards to prevent the phenomenon of smuggling and smuggling are limited and disproportionate, the human rights objections to their performance are not fair. With this definition, the intelligence of the border guard in explaining the existing conditions for human rights reporters and training the border guards to understand the existing conditions and take the moment of the mission, logical decision and human rights, is one of the capabilities of the border guard to prevent these types of reports. Funding There is no funding support. Authors’ Contribution All of the authors approved thecontent of the manuscript and agreed on all aspects of the work. Conflict of Interest Authors declared no conflict of interest. Acknowledgments We are grateful to all the scientific consultants of this paper. |