Thursday, August 25, 2011

The Supreme Leader's View of the Guardian Council

The Supreme Leader's View of the Guardian Council
30/12/2009

Part one: The position of the Guardian Council

The Guardian Council, a sacred organization
The Guardian Council, trusted by the people
The Guardian Council, a manifestation of public trust
The permanence of the Islamic Republic guaranteed by the Guardian Council
The Guardian Council, an organization that prevents government deviations from sharia and the law
Insulting the Guardian Council, an unacceptable act
The difference between the Guardian Council and the group of five religious scholars formed after the Constitutional Movement
Protecting the votes of the people
Preventing election fraud, a duty of the Leader
The characteristics of a healthy election

Part two: The importance of the Guardian Council's supervision

The important role of the Guardian Council's supervision in holding healthy elections
Preventing unqualified people from entering the Majlis
Firm action by the Guardian Council
The Guardian Council's supervision on the basis of the law
The enemy's attack on the foundations of the Islamic Republic

Part three: Duties of the officials in charge of holding the elections

Qualifications of election supervisors
Government officials in charge of holding the elections
The commitment of election officials to the law

Part four: Ensuring whether candidates have the necessary qualifications

Checking the qualifications of candidates, a duty of the Guardian Council
The approval of the Guardian Council, proof of candidates' qualifications
Checking the qualifications of candidates, an international norm
The right to be elected, a civil right to be approved by the Guardian Council
Leveling accusations against disqualified candidates, an unacceptable act

Part five: Defending the Ministry of Interior and the Guardian Council

Acting on the basis of the law
The Guardian Council and the Ministry of Interior, trusted by the Leader

The Supreme Leader's View of the Guardian Council

Part one: The position of the Guardian Council

The Guardian Council, a sacred organization

The Guardian Council is a holy organization because it is founded on piety. Someone who serves at the Guardian Council must be an impartial mujtahid [an Islamic scholar who is religiously qualified to interpret the sources of Islamic jurisprudence]. Is the judgment of the Vali-ye Faqih [religiously qualified leader of an Islamic society] not sufficient to show a person's ijtihad and fairness? When the Vali-ye Faqih assigns someone to the Guardian Council, it means he is an impartial mujtahid.

The Guardian Council, trusted by the people

The Guardian Council is trustworthy, and everybody should trust it. When an impartial judge makes a judgment, some people may have legitimate objections to his decision, but an impartial judge is trustworthy and should be considered as such. The same is true of the Guardian Council. The people should trust the Guardian Council with its legislative and executive decisions. Thankfully, the people already have confidence in the Guardian Council. Nobody has the right to undermine the high spiritual position that the law has granted to the Guardian Council. The decisions and comments the Leader makes about the authority of the Guardian Council are based on his profound knowledge of the spiritual position of the Guardian Council.

The Guardian Council, a manifestation of public trust

The Guardian Council has helped win public trust. It should also be the manifestation of this public trust. The more the variety of our voters' political tendencies, the better it is for the Islamic Republic of Iran as well as the Guardian Council. We must prepare the ground to maximize voter turnout. Not even a single movement in a small town should feel that it has no role in the elections. Everybody should feel that they have complete freedom to elect the person they want. The measures of the Guardian Council should be the manifestation of public trust.

The permanence of the Islamic Republic guaranteed by the Guardian Council

The permanence of the Islamic Republic of Iran depends on its Islamic nature, and the Guardian Council has been established to preserve this Islamic aspect. If it had not been for the Guardian Council, the identity of the Islamic Republic would have changed and its foundations would have been undermined. Throughout the years after the victory of the Revolution, the Guardian Council has made every effort to safeguard the structure of the Islamic Republic through evaluating the laws against Islam and the Constitution. This a great honor for the Guardian Council. The Guardian Council has a constitutional obligation to ensure the legitimacy of the Islamic Republic. If the Guardian Council did not exist, if it was undermined, or if it did not carry out its obligations, the movement of the Islamic Republic would be questioned because this movement is based on the law. The Islamic Republic will remain Islamic as long as its laws are Islamic. It is the Guardian Council that has the legal authority to judge whether the laws are Islamic or not.

The Guardian Council is not just an ordinary organization within the framework of the Islamic Republic. This is not the case. Like the Constitution, the Guardian Council has a special role in the Islamic Republic. If the Guardian Council works in an appropriate manner, the Islamic Republic will not be faced with the danger of deviating from Islam.

The Guardian Council, an organization that prevents government deviations from sharia and the law

The purpose of the Guardian Council is to ensure that the Islamic Republic will not deviate from Islam and the Constitution. The Constitution is the backbone of the Islamic Republic. The Guardian Council will not let governmental organizations deviate from the Constitution. It will prevent the ratification and enactment of the laws that go against the Constitution. When an organization is so important, its power and dignity should be preserved.

Insulting the Guardian Council, an unacceptable act

It is an offense to insult the Guardian Council. The Leader cannot stand by and watch some individuals insult the most trustworthy and the most important organization of the country just because they are angry, no matter whether they are right or wrong. If the Guardian Council is repeatedly insulted, the Leader will not tolerate it due to his responsibilities. Whenever some individuals focus their criticisms on a particular legal organization of the country, the Leader has a duty to defend that organization.

The difference between the Guardian Council and the group of five religious scholars formed after the Constitutional Movement

After the Constitutional Movement, according to one of the principles of the Constitution, all the laws that were passed by the parliament had to be submitted to a group of five top religious scholars for approval. The duty of these five scholars had nothing to do with the Constitution. The Guardian Council has a more important constitutional role than those scholars, as their responsibility was limited to evaluating the laws against the rules of sharia. Moreover, compared to those five top ulama, the members of our Guardian Council are more familiar with the issues that the Revolution and the country are faced with. Fortunately, with his characteristic firmness, insight, vigilance, and acumen, Imam Khomeini (r.a.) did not let the enemies do what they did with the role of those religious scholars.

Protecting the votes of the people

It is necessary to protect the votes of the people. The officials of the Ministry of Interior and the supervisors of the Guardian Council should both take care to protect each and every vote cast by the people. Of course I have confidence in our government officials, but they should be totally cautious because they have a divine responsibility to protect the votes of the people.

Preventing election fraud, a duty of the Leader

Is it possible for someone to feel courageous enough to steal the votes of the people in an election held by the Islamic Republic? First of all, the Guardian Council is an impartial and vigilant organization that supervises the elections and eliminates all possibilities of election fraud. Second, the Ministry of Interior will not let a single vote be stolen. The top officials of the Ministry of Interior are pious, revolutionary, and trustworthy, and they are approved by the Majlis. Even if a small offence is committed somewhere, it will not affect the overall results of the elections. The Leader himself is also responsible in this regard, and he will not let anyone engineer the elections, which is an act that goes against the rules of sharia as well as political and social norms. Such election fraud will never happen.

The characteristics of a healthy election

Of course the health of an election cannot be determined when casting or counting the ballots. A healthy election requires that a healthy atmosphere be created before the election, an atmosphere in which the people have the opportunity to make a decision and vote for a particular candidate. This opportunity should be provided for the people. Any action that helps create an unhealthy atmosphere before an election will undermine the health of the election. Any publicity or action that confuses the people will affect the election in a negative way. These are the things that have to be taken into consideration before the election – in electoral campaigning and other things that are done before any election. People should not be confused. When people are confused, they may vote for a particular candidate and then they may feel they have made the wrong choice. If the officials in charge of holding the elections and national media confuse the people through their actions and publicity before an election, they are in fact undermining the election. The Guardian Council should do something to prevent this situation.

Part two: The importance of the Guardian Council's supervision

The important role of the Guardian Council's supervision in holding healthy elections

When some duties were entrusted to the Guardian Council in the Constitution of the Islamic Republic of Iran, it meant that extra care was being taken. If supervision over the elections had been entrusted to any other organization, some doubts might have been created. That is to say, if supervision over the elections had been entrusted to any other official organization in the country, it would not have been so successful in winning the trust of the people and government officials. The nature of the Guardian Council requires that its members be faithful and pious. Moreover, the religious scholars who serve at the Guardian Council are appointed by the Leader of the Ummah, and the fact that they are mujtahid, impartial, and pious brings about piece of mind for the people. To be fair, the Guardian Council is the best organization that can do this responsibility. Therefore, it was a wise decision to entrust the Guardian Council with the constitutional duty of supervising the elections. Thankfully, this decision was made due to the presence of great ulama and experienced revolutionary activists in the Experts Assembly. This decision was based on insight and vigilance. The supervision of the Guardian Council over the elections should not leave any doubts about the health of the elections, and this is a great responsibility that has been entrusted to the Guardian Council. As far as elections are concerned, accurate reflection of what the people think is much more important than partisan and political considerations.

Preventing unqualified people from entering the Majlis

Those who are elected as MPs should be qualified. The level of their knowledge and competence has been specified by the law. And by Allah' favor, the people will make a good decision on the basis of their judgment. However, the Guardian Council should prevent all possible problems in this regard. Those who are financially, morally, ideologically, or politically corrupt, those who want to engage in sedition, those who want to undermine the Islamic Republic, and those who want to reduce the efficiency of governmental organizations should not be allowed to enter the Majlis. The people whose behavior, actions, and statements show that they want to confront the Islamic Republic for any personal or political reason should not be allowed to enter the Majlis. It is necessary to be extremely cautious in this regard.

There is no doubt that those who want to enter political arenas should be vetted. It is a matter of managing the country. Therefore, those who enter this arena should be vetted. There are some criteria, and the qualifications of candidates should be checked against these criteria. This has been specified in the Constitution. Fortunately, the majority of our population is young, which requires that youthful dynamism flow to the entire executive system. The members of the Guardian Council should see who genuinely supports the Revolution, Islam, justice, and equality between the poor and the rich. They should see who is more competent and persistent. They should see who has the necessary dynamism. These are the qualifications they should check.

Firm action by the Guardian Council

When the Guardian Council reaches a conclusion in its supervision over the elections, it should take action in a firm manner. In this regard, nothing should stand in the way. It is necessary to be firm in all affairs, especially when a variety of thoughts, emotions, beliefs, and opinions are concerned.

The Guardian Council's supervision on the basis of the law

As far as supervision is concerned, it is the law that has to be the criterion, not personal preferences. The Guardian Council must never follow personal preferences. The members of the Guardian Council must not base their decision on their personal preferences and illegitimately approve or disqualify parliamentary candidates on the basis of these preferences. The members of the Guardian Council will be held responsible by Allah the Exalted and His servants. If Allah the Exalted asks the members of the Guardian Council why a certain candidate was approved or disqualified, they should be able to say, "Dear God, we had to act on the basis of the law. We disqualified this person because the law required us to disqualify him. We approved that person because the law required us to approve him." But it will not be acceptable to say, "That was my personal judgment. I thought this person would be useful and that person would be detrimental." These justifications will neither be acceptable to God nor to His servants. The Guardian Council must act on the basis of the law. No considerations must stand in the way of practicing the law.

The enemy's attack on the foundations of the Islamic Republic

We should not allow the enemy to do whatever it wants. The enemy manipulates the minds of people and removes the obstacles in the way of infiltrating the foundations of the Islamic Republic – including the Guardian Council. Currently, the Guardian Council is the focus of numerous attacks. The issue of "supervision of legislation" is baseless uproar whose goal is to undermine the Guardian Council. In fact, the goal of this media hype is to put their elements – who are opposed to Islam, Imam Khomeini (r.a.), and the Islamic Republic – in the law-making organizations of the country. The Guardian Council is an obstacle in their way. They think they can eliminate the Guardian Council the way they eliminated the five-member council of the Constitutional Movement, which was in charge of approving the laws passed by the parliament. Of course there is no doubt that they will not be able to do what they did to that council. But that is their goal, their next step. According to the calculations of those who plan political and security tactics and psychological warfare, if they can achieve this goal, then they will be able to take the next step and infiltrate the Majlis. Infiltrating the Majlis means infiltrating the government and the foundations of the Islamic Republic. That is how they want to infiltrate our government.

Part three: Duties of the officials in charge of holding the elections

Qualifications of election supervisors

Government officials who are in charge of recruiting election supervisors should be cautious. The most important requirement is that election supervisors should be pious and committed to the principles of the Islamic Republic. Of course those who are in charge of recruiting supervisors should be clever and vigilant. They should not make mistakes. But piety is the most important characteristic. It is piety that prevents people from making slips or gross mistakes.

Government officials in charge of holding the elections

Fortunately, the election laws of the Islamic Republic are good. A lot of attention has been paid to the issue of elections in the Constitution as well. According to the Constitution, some people are responsible for holding elections and others are responsible for supervising them. That is to say, two different organizations should hold and supervise our elections. The Ministry of Interior is responsible for holding the elections and the Guardian Council is responsible for supervising them. Naturally, the people and governmental organizations trust the administration as well as the Ministry of Interior which are responsible for holding the elections. But because any person or organization is prone to making mistakes, the Guardian Council has been assigned to supervise their performance. Members of the Guardian Council are mujtahid and impartial people who are selected by the Leader. If the Guardian Council and the Ministry of Interior do their responsibilities in a serious and courageous manner, there will be no possibility of fraud in Iranian elections.

The commitment of election officials to the law

It is wrong to accuse the organizations in charge of holding and supervising the elections. These organizations, including the Ministry of Interior and the Guardian Council, are all entrusted with certain duties and are required to act on the basis of the law. Moreover, there are some other people who make sure these organizations do not violate the law. If there are any disagreements among these organizations, they have to resolve them among themselves. Some people have a tendency to make uproar and accuse different individuals and organizations of some things that are below the dignity of Muslim officials. Those who hold the elections and those who supervise them should be treated equally by the people. Both the officials who hold the elections and those who supervise them should show their commitment to the law. It is the law that is the criterion for decisions, not personal taste. The laws that are passed by the Majlis and approved by the Guardian Council should be observed by all people, including the people who approve of those laws and those who disapprove of them. As long as they are "laws", everybody must observe them.

Part four: Ensuring whether candidates have the necessary qualifications
Checking the qualifications of candidates, a duty of the Guardian Council

According to the general laws and regulations extracted from the Constitution, the Guardian Council should only check candidates' qualifications against the requirements, and they should stick with their decision. The Guardian Council should check the qualifications that are required of parliamentary or presidential candidates in the Constitution. If the Guardian Council does not have enough evidence to ascertain a candidate's qualifications, it can safely disqualify him. Once a candidate is disqualified, it is not the duty of the Guardian Council to search for evidence of his qualifications. The uproar that some gentlemen cause in this regard under various pretexts is baseless. This is one of the cases in which the Guardian Council acts on the basis of logic. It has been stipulated that those who want to run for elections should have certain qualifications. The Guardian Council should only check whether candidates have provided enough evidence of their qualifications. That is to say, it is the Guardian Council's judgment that matters in this regard, not whether candidates have those qualifications or not. Some people may say that this process may disadvantage some individuals. But it is the candidates who should provide evidence of their qualifications. If a candidate has the necessary qualifications and wants the Guardian Council to approve him, he should provide the Guardian Council with the necessary evidence. For instance, he can send his resume or other things to the Guardian Council. That is to say, it is the candidate who should provide the Guardian Council with the necessary evidence for his approval. Of course governmental organizations should also assist him in this regard. The duty of the Guardian Council is to check the evidence provided by candidates and see whether they have the necessary qualifications. Sometimes the Guardian Council does not have enough evidence to ensure the qualifications of a certain candidate. This is enough to disqualify that candidate, and the Guardian Council does not need to prove that the candidate lacks the necessary qualifications.

The approval of the Guardian Council, proof of candidates' qualifications

When someone is approved by the Guardian Council to run for an election, it means that he has the necessary qualifications as a candidate. Disqualifying those who have the necessary qualifications and approving those who lack the necessary qualifications both constitute lies to the people and are both against the law. Governmental organizations should guard against these possibilities. They should take care not to let such illegal actions take place so that the people can think clearly on the election day and vote for the candidates they consider to be more qualified.

Checking the qualifications of candidates, an international norm

Checking the qualifications of candidates is the normal procedure throughout the world, and it is not particular to Iran or our parliamentary elections. In all parts of the world, when someone is entrusted with the duty of assigning a person to a post, he or she tries to find out whether the candidates have enough qualifications for the post. This has nothing to do with parliamentary or non-parliamentary elections. Checking the qualifications of candidates is something normal, something that is practiced by all logical people throughout the world. Imagine that someone is introduced to the Majlis as a candidate for a position. The Majlis cannot just give him a vote of confidence without asking any questions. Rather, it investigates the qualifications of the nominee to see whether he is appropriate for the position. If the Majlis finds out that the nominee does not have enough qualifications, it will reject him. We cannot blame the Majlis for rejecting that person. That is because it did not find him qualified. Naturally, the same is true of MPs. Therefore, this process is an international norm stipulated by the Constitution, and it is accepted by the people.

The right to be elected, a civil right to be approved by the Guardian Council

Some people say that being elected is a civil right, and that no one should take it away. The right to be elected is not similar to such civil rights as employment, economic activities, residence in a city, walking on the street, and buying a car. The right to be elected requires certain qualifications, and these qualifications should be ascertained. Both the Guardian Council and the Ministry of Interior are responsible in this regard. Ordinary citizens are the best people to ascertain the qualifications of candidates, and they shoulder the major part of the responsibility in this regard. When the people ascertain the qualifications of a candidate, they should campaign for him. Those who can should prepare the ground for the qualified candidates to be elected.

Leveling accusations against disqualified candidates, an unacceptable act

The Leader of the Islamic Republic of Iran has confidence in the organizations in charge of electoral affairs. The Leader fully trusts the esteemed members of the Guardian Council as well as the officials of the Ministry of Interior. All of them are making serious efforts. Of course those who are disqualified by the Guardian Council have been treated according to the law, and it does not mean that they are unsavory characters. No, this is not the meaning of being disqualified. Nobody has the right to accuse disqualified candidates and tell them, "You must have a black record! You must have committed a crime or something! You must have stolen something!" No, this is not the case. There are legal criteria, and the Guardian Council impartially approves some candidates and disqualifies others on the basis of these criteria. Those who do not meet the legal criteria are disqualified. Disqualified candidates may be good and pious people. There may also be some unsavory characters among those who are disqualified. But it is not right to accuse people of being unsavory or treacherous when they are disqualified by the Guardian Council. This is absolutely wrong.

Part five: Defending the Ministry of Interior and the Guardian Council

Acting on the basis of the law

The Leader of the Islamic Republic of Iran supports both the Ministry of Interior and the Guardian Council. They are both part of the Islamic Republic and are entrusted with certain responsibilities. The Ministry of Interior should act on the basis of the law, and it should not let the votes of the people be stolen. It should count the votes in a painstaking and impartial manner and announce the result. The Guardian Council should also be extremely careful to prevent all kinds of election fraud. The people have a right to demand the Guardian Council to prevent the ill-wishers of this nation from penetrating the legislative branch. The Guardian Council must respect this public right. It should prevent the ill-wishers of this nation and this Revolution and the enemies of Imam Khomeini (r.a.) penetrate the elected foundations of this country.

The Guardian Council and the Ministry of Interior, trusted by the Leader

Both the Ministry of Interior and the Guardian Council are making serious efforts, and both are trusted by the Leader. The Leader has complete confidence in both the Guardian Council and the Ministry of Interior. These two organizations are working very efficiently. Therefore, when someone is disqualified by the Guardian Council, some people must not create doubts and provoke the people in certain constituencies. Protestors should trust their government officials. Members of the Guardian Council are trustworthy, and they must have a good reason for disqualifying a certain candidate. If some people have objections, they should write to the officials in charge. Assembling in a place will provoke seditious people. Seditious people are the hands of the arrogant powers, and they want to ruin everything. They want to prevent peaceful and healthy elections. Therefore, it is not unlikely for them to provoke a certain group of people.

http://english.khamenei.ir//index.php?option=com_content&task=view&id=1231

No comments: