The Other Iran Letter
MARCH 13, 2015
Roger Cohen
Tehran, March 12, 2015
An open letter to the leaders of the United States of America:
It has come to our attention while observing your nuclear negotiations (well, our nuclear negotiations really) that you may not fully understand the Iranian constitutional system. Thus, we are writing to bring your attention to several features of our Constitution — including the rule of the supreme leader, or velayat-e-faqih (a divine arbiter standing in for the occulted 12th imam until his expected reappearance), as well as the difference between the Assembly of Experts and the Council of Guardians — which you should consider as negotiations progress. Haste, as we say in Iran, is the devil’s work
First, under our Constitution, while the president negotiates international agreements, he has no power to conclude them because the supreme leader, who is basically keeping the chair warm for the Prophet, controls all matters of domestic and foreign security and is the commander-in-chief of the armed forces. (By the way, the supreme leader, whose name is Ayatollah Ali Khamenei, thinks your letter to us is a sign your political system is “disintegrating” — if that’s any help.) So, in effect, the president is standing in for the supreme leader, who is standing in for the hidden imam, who disappeared in the ninth century but could show up whenever. We hope that is clear.
In the case of a nuclear accord, it would no doubt be debated by our Majlis, a unicameral consultative assembly or parliament with 290 members, but the debate would not make a whole lot of difference to anything. The debate may, however, be interesting. We do not foresee any three-fifths vote or so-called Consultative-Assembly-supreme-leader agreement (really a nonsensical concept under our constitutional arrangements).
Ayatollah Khamenei is 75.
Second, the offices of our Constitution have different characteristics. For example, the supreme leader serves up to, and just possibly beyond, the end of his life, not mere “decades” like some United States senators, and certainly not for a mere eight years like your president. By contrast, the Assembly of Experts, which elects the supreme leader from among its own 86 members (all of them virtuous clerics), is comprised of members who are elected for eight-year terms. While in theory the Assembly of Experts might challenge the supreme leader, even on the wisdom of a nuclear deal with the United States, it never has and probably never will. Anything not approved by the supreme leader is not worth the paper it’s written on.
Ayatollah Khamenei, the successor to Ayatollah Khomeini, who came up with the idea of the “Guardianship of the Jurist” (which stands at the heart of our constitutional system, so we suggest you do further reading on the matter) will be 76 in July.
What these various constitutional provisions mean is really anybody’s guess. But we will view any agreement regarding our nuclear program (not a nuclear weapons program as you slyly slipped into your letter), as nothing more than an agreement between President Obama and the hidden imam’s representative on earth, modifiable of course (even without the stroke of a pen) by the reappearance of the imam, or indeed by other unpredictable events.
However, we draw your attention to the fact that the supreme leader is the guardian of the revolution and, as such, in a conservative business. Radical about-turns do not figure in his job description. Ayatollah Khamenei is expected to be 77 in January, 2017, when President Obama leaves office, 77 and a half to be precise.
Now, where were we? The Council of Guardians, with which you are no doubt familiar, is made up of 12 jurists, six of them appointed by the supreme leader. It is responsible for ensuring that all legislation passed by the Majlis is consistent with Shariah, or Islamic, law. (By the way, nuclear weapons are viewed here as un-Islamic.) The council also vets candidates for the presidency to determine if they will uphold the fundamental tenets of the Shia Islamic Republic, not to be confused with Sunni Islamic State, even if you were recently encouraged by a foreign leader to confuse them. The enemy of your enemy could in fact be your friend.
You may wonder why presidential candidates are vetted if the head of the executive branch, the president, in fact has limited power. Good question; bitter history has taught Iranians prudence.
If all else fails, and our constitutional system is not working as envisaged, there is something called the Expediency Council that tries to grease the wheels. The Expediency Council is not expected to find it expedient to rule on any possible nuclear accord.
Ayatollah Khamenei, although divine and answering to God, is not considered immortal, as yet.
We hope, in all sincerity, that this letter enriches your knowledge of our constitutional system and promotes mutual understanding and clarity as nuclear negotiations progress.
Sincerely,
The members of the Majlis
http://www.nytimes.com/2015/03/14/opinion/roger-cohen-the-other-iran-letter.html