The Single-article Law of Accession of the Government of the Islamic Republic of Iran to the Shanghai Cooperation Organization
Nouraei & Mostafavi Law Offices – 8 February 2023- Tehran- Iran- According to today’s Official Gazette number 22691, the Speaker of the Iranian Parliament (Majlis) has notified The Law of Accession of the Government of the Islamic Republic of Iran to the Shanghai Cooperation Organization, approved on 4/11/1401 (January 24, 2023), to the President for execution.
The Shanghai Cooperation Organization (SCO) is a Eurasian political, economic, international security, and defense.
The law, as mentioned above, consists of a single article and five notes attached to the text of forty-nine treaties and one Interpretive Declaration.
According to the Declaration:” The opinion of the Islamic Republic of Iran is that the membership in the Shanghai Cooperation Organization and the implementation of the obligations arising from the status of a member state will be in line with the observance of the laws and regulations of the Islamic Republic of Iran, based on the decrees of the Holy Sharia of Islam. The government of the Islamic Republic of Iran, in proportion to its facilities and capacities, will take the required legislative and executive measures and will provide and make the necessary coordination among different institutions for the implementation of its obligations.
In interactions with the Shanghai Cooperation Organization and its members and accepting the related documents, the Islamic Republic of Iran will only act within the framework of its international obligations. It will not be bound to the commitments set forth without the explicit consent of the Islamic Republic of Iran and in contravention of the principles and norms of international law. From the point of view of the Islamic Republic of Iran, the fight against terrorist acts will not harm the legitimate and accepted right of nations under colonialism, foreign occupation, and racist regimes to fight against aggression and occupation and enjoy the right to self-determination.
The Islamic Republic of Iran, within the framework of its Constitution Law and the Holy Sharia of Islam, emphasizes the realization of a world free from violence and extremism and believes that all religions, cultures, and civilizations are required to respect the human race and its inherent dignity, to achieve justice, peace, and sustainable development.
The Islamic Republic of Iran has always emphasized the fundamental and accepted principle of international law in the field of preserving and respecting the territorial integrity of all states and believes that respecting the principle above and preventing any separatism will provide suitable conditions for the development of interactions among states, including the member states of the Shanghai Cooperation Organization.
It is evident that Iran’s determination regarding the approval of the documents of the “Accession of the Islamic Republic of Iran to the Shanghai Cooperation Organization” depends on granting full membership to Iran, and the continued implementation of the obligations contained in the documents requires its continued membership in the organization.
Iran’s Interpretive Declaration on the “Agreement on the Process of Organizing and Implementing Joint Anti-Terrorist Actions in the Territories of the Member States of the Shanghai Cooperation Organization” dated 25 Khordad 1385 (June 15, 2006), subject of paragraph (17) of the single article law is as follows: Iran’s perception of committing a crime in this document is the crimes done on the occasion of the execution of the official mission, and the crimes falling outside this area can be dealt with in the jurisdiction of the requesting government.
Iran’s Interpretive Declaration on the “Agreement on the Protection of Classified Information in the Framework of the Regional Anti-Terrorist Structure of the Shanghai Cooperation Organization” approved on 28 Khordad 1383 (June 17, 2004) subject of paragraph (8) of this single article law is as follows: the perception of the Islamic Republic of Iran is that the exchange of confidential information in this agreement is only about the issue of fighting terrorism within the framework of national laws and regulations.
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