The U.S. Commission on international Religious Freedom remains the Union Address in 2005, President Bush concerned about ongoing viola-specifically has called on
The Commission views the strength of the bilateral relationship and repeated calls for reform by the United States as an opportunity for the two countries to increase cooperation significantly to advance protection for the internationally recognized right to freedom of religion or belief and related human rights as an important aspect of
Background
President Hosni Mubarak was reelected unopposed to a fourth 6-year term in a national referendum. The President appoints the Cabinet and the country’s 26 governors and may dismiss them at his discretion. The judiciary is not fully independent, in part because a 1981 State of
Under this legislation, several categories of cases fall within the jurisdiction of the state security or military courts. The National Democratic Party (NDP), which has governed since 1978, has used its entrenched position to dominate national politics and has maintained an overriding majority in serious problems of discrimination, intolerance, and other human rights violations against members of religious minorities, including nonconforming Muslims, remain widespread in
Conscience, and religion or belief in
Including widespread problems of discrimination and intolerance against members of minority Muslim, Christian, and other religious communities. In the last two years, the Egyptian government has adopted several measures to acknowledge the religious pluralism of
Rights, increased efforts in promoting interfaith activity, and the addition of materials in the public school curriculum on Coptic Christian contributions to
A Commission delegation traveled to
Egyptians the nation’s efforts to advance the right to freedom of religion or belief and
related human rights in accordance with the international human rights instruments to which
government officials and religious leaders, human rights groups, women’s rights advocates, scholars, educators, legal specialists, and others active in civil society. The information gathered from this visit and through additional research and documentation has brought to light serious concerns that have caused the Commission to include
The
POLICY FOCUSUSCIRF delegation meets with Egyptian Foreign Minister Abul Gheit.
The People’s Assembly (lowerhouse) and the Shura Council (upperhouse). In February 2005, in a positive response to both domestic pressure and President Bush’s explicit calls for democratic elections in
The Role of the State
Security ServicesThe state security services are the lead government entities responsible with religious affairs in
Republic, or the Coptic Patriarch are consulted, as appropriate, to assess the potential security risks of any religious activity that might, from the government’s point of view, threaten public order. This includes the activities of minority Muslim groups considered to hold “unorthodox” religious beliefs, as well as Baha’is, Evangelical Protestants, Mormons, and others. Over the past several years, dozens of individuals PREETA D. BANSAL, CHAIROf Counsel, Skadden, Arps, Slate, Meagher & FlomFELICE D. GAER, VICE CHAIRDirector, Jacob Blaustein Institute for the Advancement of Human Rights, The American Jewish Committee NINA SHEA, VICE CHAIRDirector of the Center for Religious Freedom, Freedom HouseKHALED ABOU EL FADL,
COMMISSIONERProfessor of Law, UCLAARCHBISHOP CHARLES J. CHAPUT,
COMMISSIONERArchbishop of DenverMICHAEL CROMARTIE,
COMMISSIONER Vice President, Ethics and Public Policy CenterELIZABETH H. PRODROMOU, COMMISSIONERAssociate Director of the Institute on Culture, Religion, and World Affairs and Assistant Professor of International Relations, Boston University BISHOP RICARDO RAMIREZ, COMMISSIONERBishop of the Diocese of Las Cruces, New MexicoMICHAEL K. YOUNG, COMMISSIONERPresident, The University Of UtahJOHN V. HANFORD III, EX-OFFICIO, NON-VOTING COMMISSIONERAmbassador-at-Large for International Religious Freedom, U.S. Department of StateJOSEPH R. CRAPA, EXECUTIVE IRECTORCOMMISSIONERS2USCIRFfor dealing of religious either Al-Azhar associated with some of these groups have been detained and tried in state security courts for violations of Article 98(f) of the Penal Code which prohibits “insulting heavenly religions” (Judaism, Christianity, and Islam).
While acknowledging that the potential for violence is a valid matter of state security, several interlocutors suggested to the Commission during the delegation’s visit that removing the religion “portfolio” from the state security services and placing responsibility for religious affairs in a more transparent and politically accountable section of the government, such as the Office of the President, would be appropriate under current conditions. Egyptian government officials asserted that historically, terrorism in
The State of
Although the role of the state security services in religious affairs predates the 1981
Emergency Law, the implementation of that law, renewed for another three years in
February 2003, has undermined the protection of human rights in
The security forces continue to mistreat and torture prisoners, arbitrarily arrest and detain persons, hold detainees in prolonged pretrial detention, and occasionally engage in mass arrests.2 Thousands of persons have been detained without charge on suspicion of illegal terrorist or political activity; others are serving sentences after being convicted on similar charges.
Others RECOMMENDATIONS For
If reform efforts in Egypt are to make meaningful progress, the U.S. government must increase its pressure on President Mubarak and senior members of his government to uphold Egypt’s international human rights commitments to protect the right to freedom of thought, conscience, and religion or belief and to ensure protections for human rights and the rule of law in criminal proceedings.
In the State of the Union Address in early 2005, President Bush reaffirmed his commitment of promoting democracy and freedom in the
To that end, the Commission makes the following recommendations.
I. Taking Most Responsibility for Religious Affairs Out of the Hands of the Egyptian Security Services Specifically, the
• shift de facto responsibility for religious affairs from the state security services, with the exception of cases involving violence, and establish an entity or position (e.g., an ombudsman) in the office of the President to oversee religious affairs in
• repeal the State of
• repeal the 19th century, Ottoman-era Hamayouni Decree – which requires non-Muslims to obtain a Presidential decree to build a new place of worship – and ensure that all places of worship are subject to the same transparent, non-discriminatory, and efficient criteria and procedures for construction and maintenance; and
• allow full access to the constitutional and international guarantees of the rule of law and due process for those individuals charged with violating Section 98 (f) of the Penal
Code – which “prohibits citizens from ridiculing or insulting heavenly religions or inciting sectarian strife” – instead of having those cases heard by the state security courts.
II. Implementing Additional Reforms in order to Comply with International
Human Rights Standards
Specifically, the
• exclude from all textbooks any language or images that promote enmity, intolerance, hatred, or violence toward any group of persons based on faith, gender, ethnicity, or nationality; and include in school curricula, in school textbooks, and in teacher training the concepts of tolerance and respect for human rights, including religious freedom.
Textbooks should be reviewed in light of the standards for education set out in the Universal Declaration of Human Rights;
• cease messages of hatred and intolerance, particularly toward Jews and Baha’is, in the government-controlled media and take active measures to promote understanding and respect for members of these and other minority religious communities;
• take all appropriate steps to prevent and punish acts of anti-Semitism, including condemnation of anti-Semitic acts, and, while vigorously protecting freedom of expression, counteract anti-Semitic rhetoric and other organized anti-Semitic activities;
• ensure that every Egyptian is protected against discrimination in social, labor, and other rights by reforming the identity card, either by (a) removing religious affiliation from identity documents, or (b) making it optional for Egyptians to identify religious affiliation on identity documents; at present, individuals must identify themselves as adherents of one of the three recognized faiths – Islam, Christianity, or Judaism;
• urge the Egyptian government more actively to investigate societal violence against any individuals or groups on the basis of their religion, particularly the targeting of Coptic
Orthodox Christians, and bring those responsible to justice, and ensure compensation to those targeted;
– investigate claims of police negligence and inadequate prosecution of those involved in the Al-Kosheh case;
• request the National Council for Human Rights to investigate allegations of discrimination against Coptic Orthodox Christians as a human rights issue and to publish their findings and recommendations;
• repeal a 1960 Presidential decree banning members of the Baha’i community from practicing their faith; and
• implement the 2002 recommendations of the UN Committee Against Torture.
III. Ensuring that U.S. Government Aid Promotes Prompt and Genuine Political and Legal Reforms and is Offered Directly to Egyptian Civil Society Groups Specifically, the
• negotiate an agreement with the Egyptian government to establish a timetable and specific steps to be taken to make progress on political and legal reforms, including the steps described above in Parts I and II. If deadlines are met in a timely manner, then the
• offer direct support for human rights and other civil society non-governmental organizations (NGOs) without vetting by the Egyptian government;
• urge the Egyptian government to ensure that NGOs engaged in human rights work can pursue their activities without undue government interference. The
• expand support of initiatives to advance human rights, promote religious tolerance, and foster civic education among all Egyptians, including support for:
– civic education and public awareness programs which reflect the multi-confessional nature of Egyptian society and the diversity of
– efforts by Egyptian and other NGOs to review Egyptian educational curricula and textbooks for messages of hatred, intolerance, and the advocacy of violence, and to monitor equal access to education by girls and boys regardless of religion or belief;
– preservation of Egyptian Jewish properties and antiquities in a publicly accessible site, such as in a museum, so that all Egyptians can better understand past and present Jewish contributions to their history and culture;
• as mandated by section 104 of IRFA, train Foreign Service Officers at Embassy Cairo about universal human rights, especially the right to freedom of thought, conscience, and religion or belief; the history, experiences, and contributions of different religions to Egyptian history; and how to identify and respond to discriminatory and other abridgements of the rights of persons belonging to these communities; and
• in the context of the annual Congressional appropriation of
Congress should require the State Department to report to it annually on the extent to which the government of
II, as well as the progress of the
by independent Egyptian human rights groups and others of improper use of state security emergency courts and military courts, including that the accused are not permitted to appeal to a higher judicial body, and that ensuing verdicts “can only be overturned or modified by the president.”4 Some non-governmental organizations
(NGOs) have concluded that the primary purpose of the courts is to punish political activism and dissent, even when that dissent is peaceful.5 The use of these courts to try individuals deemed by the state to have “unorthodox” or “deviant” religious beliefs or practices is discussed below. Egyptian government officials allege practices that insult the three “heavenly religions” (Judaism, Christianity, and Islam) continue to be prosecuted in the state security courts. While this law has not been used to prosecute acts of anti-Semitism or acts against Christianity, it has been used to punish those who openly disagree with the state-favored interpretation of Islam. These include “unorthodox” or non-conforming Muslims, such as the tiny community of Koranites, who are charged with practicing beliefs deemed to deviate from Islamic law.6 This provision also has been used to target religious practices that the government alleges conflict with sharia (Islamic law). In May 2002, a group of 21 persons were tried in a state security court, accused of “insulting religion due to unorthodox Islamic beliefs and practices.”7 In 2004, state security courts reportedly sentenced six people to six months’ imprisonment for “contempt of religion” in connection with holding private religious gatherings and advocating modifications to basic Islamic . . . the time is ripe for the U.S. Government to demand a timetable for swifter implementation of political and human rights reforms by the Egyptian government . . . .that the government does not apply the Emergency Law except in cases of terrorism. Other high-ranking government officials suggest that the Emergency Law could be abandoned if the existing criminal codes were improved to confront terror adequately. The National Council for Human Rights (NCHR), formed by the Egyptian government in January 2004, officially called for an end to the State of
In late 2003 and early 2004, state security services arrested and imprisoned 20 Shia Muslims without charge and subsequently interrogated them about their religious beliefs. They reported suffering physical abuse. According to the State Department, 19 of the 20 Shia were released by August 2004.
There are several groups in
a Muslim Brotherhood member of Parliament was introduced openly by the Chair of 3 the Committee and invited to make a statement. The delegation was informed by the
Committee that approximately 15-16 members of Parliament belong to the Muslim
Brotherhood, although they were technically elected on behalf of permitted parties.
According to the
Non-Muslim Religious Minorities Notwithstanding the Egyptian government’s repeated claim to the Commission delegation that “we are all Egyptians,” many representatives of non-Muslim religious minorities told the Commission during its visit that there was discrimination against them in law, practice, and society. Christians are subject to special, restrictive rules on the building and repair of churches, and are not appointed to high government or ruling party posts. The government has failed to prosecute successfully perpetrators of the mass murder of 21 Christians in 2000 in the
Representatives of non-Muslim religious minorities, particularly Christians, Jews, and Baha’is, report interference, harassment, and surveillance by the Egyptian state security services, amounting to discriminatory treatment. Although neither the Constitution nor the Penal Code prohibits proselytizing or conversion, the State Department has observed that the Egyptian government uses the Penal Code to discourage proselytizing by non-Muslims.10Article 98(f) is used frequently to prosecute alleged acts of proselytism by non-Muslims. Furthermore, if a religious group chooses to bypass the registration process for obtaining official state recognition in
Although President Mubarak reportedly approves applications for new construction and, under new regulations, provincial governors now have the authority to approve applications for church repair, hundreds of such applications are languishing in the
system. Even some permits that have been approved cannot be acted upon because of
interference by the state security services, at both the local and national levels. Egyp-
tian government officials did not respond adequately to Commission inquiries about the question of why there were different requirements for construction and repair of churches and mosques. Although Egyptian government officials claim that there is no law or policy that prevents Christians from holding senior positions, the Coptic Orthodox Christian 4USCIRFUSCIRF delegation meets with leading human rights advocate Saad Eddin Ibrahim (center).maintenance through private donations without excessive interference from local authorities. However, state security services continue to regulate and approve those permitted to make repairs, which, in some cases, has created problems and delays. During the Commission visit to
Numerous religious and human rights advocates have documented persistent, virulent anti-Semitism in the media. Material vilifying Jews – with historical and new anti-Semitic stereotypes – also appear regularly in the state-controlled and semiofficial media. Such material has included: Holocaust denial, anti-Semitic cartoons, and television programming, such as the 24-part series based on the notorious anti-Semitic “Protocols of the Elders of Zion.” Although Egyptian government officials have said that there is no official policy condoning anti-Semitism or other forms of intolerance, acts of anti-Semitism are virtually unopposed by government leaders. Several senior Egyptian government officials claim that a distinction needed to be made between attitudes toward Jews and problems related to Israeli policy, and that many Egyptians are not educated well enough to appreciate that difference. According to the State Department’s 2005 Report on Global Anti-Semitism, Egyptian government officials said that “anti-Semitic statements in the media are a reaction to Israeli government actions against Palestinians and do not reflect historical anti-Semitism; however, [the
anti-Israeli sentiment.”12 Indeed, in the past year, billboards have been displayed prominently outside a synagogue near
of
are known to the state security services, and many are regularly subject to surveillance and other forms of harassment. Baha’i representatives also cite increased intolercommunity faces de facto discrimination in appointments to high-level government posts. There are no Coptic governors and none in chief executive positions in intelligence, the police, the diplomatic corps, the judiciary, and the military. Coptic Orthodox and other Christians have also been denied the right to stand for elected public office, since the ruling party refuses to nominate them as candidates.
JEWS AND ANTI-SEMITISM
The small Jewish community maintains and owns its property and performs required
ance in the independent and government-controlled media. Furthermore, Al-Azhar’s
Islamic
on the Baha’i community and condemning Baha’is as apostates.
During the Commission’s visit to
Nevertheless, Egyptian officials claimed that Baha’is are free to practice their religion in private. Various Egyptian religious leaders and government officials made spurious claims to the Commission, without any evidence, that Baha’is have engaged in political activity against the Egyptian government in the past and that the community practices immoral acts, such as “wife-swapping.” The absence of facts to support such uthoritative denunciations apparently made no difference to the officials who made the slanderous statements. Mandatory Identity Cards
The Egyptian government requirement
to include religious affiliation on the national identity card particularly affects members of the Baha’i community and Muslim converts to Christianity. The Egyptian government has now made it illegal to be in public without an identity card. The identity card is also necessary to engage in many basic transactions such as opening a bank account, buying a car, or obtaining a driver’s license. Furthermore, identity cards are necessary to verify the religion of a student so that he or she may receive religious instruction in primary and secondary schools – as required by the Egyptian Constitution – according to his or her beliefs. According to human rights activists in
Muslim intellectuals have begun criticizing There is a growing sense among human rights groups that Islamic extremism is advancing in
Known converts from Islam to Christianity generally receive attention from the state security services, and converts have been arrested for attempting to change their religious affiliation on identity documents. Most conversions are reportedly done quietly and privately. Egyptian government officials told the Commission delegation that no law prevents conversion, but some individuals have been arrested for falsifying documents. In some instances, converts, who fear government harassment if they officially register their change in religion from Islam to Christianity, have reportedly altered their own identification cards and other official documents to reflect their new religious affiliation. A court decision in 2004 affirmed the situation and asking for change to include Coptic history. There is a growing sense among human rights groups that Islamic extremism is advancing in
USCIRF
6 Over the last few years, as in prior Administrations, the
Moreover, despite publicly stating that restrictions on religious freedom are a principal human rights problem in Egypt, the U.S. government has not adequately pressed the Egyptian government in numerous areas of concern to the Commission.15 The U.S. Embassy in Cairo appears to raise some of the less visible religious freedom concerns with Egyptian government officials, rather than address some of the deeply entrenched systematic problems, such as the interference of the state security services in the affairs of all religious communities.
The United States Agency for International Development’s (USAID)
TOCONTACTTHECOMMISSION:
UNITEDSTATESCOMMISSIONONINTERNATIONALRELIGIOUSFREEDOM800
Fax: 202-523-5020USCIRF delegation meets with the Grand Imam
of Al-Azhar, Sheikh Tantawi
For further information on this issue, contact:
DWIGHT N. BASHIR, SENIOR POLICY ANALYST
202-523-2340, ext. 22 • dbashir@uscirf.gov
1 CIA World Fact Book;
Religious Freedom Report, “
(http://www.state.gov/g/drl/rls/irf/2004/35496.htm, accessed
2
Practices, “
hrrpt/2004/41720.htm, accessed
3
Democracy: The
(http://www.state.gov/g/drl/rls/shrd/2003/31022.htm, accessed
4 Human Rights Watch, “
Political Rights,”
egypt082803.htm, accessed
5 Human Rights Watch, “
Emergency State Security Courts,”
hrw.org/press/2003/08/egypt082803-ltr2.htm, accessed March
16, 2005).
6 Koranites do not accept hadith, oral traditions of the life of the
Prophet Muhammad, or Sunna, the way the Prophet Muhammad
lived his life. Their source of guidance comes only from the Koran.
7 Several of those charged were ultimately convicted and
sentenced to jail terms.
Religious Freedom Report 2003, (http://www.state.gov/g/drl/rls/
irf/2003/24448.htm).
8 Amnesty International, Annual Report 2004.
9 2004 Country Reports, “
10
Rights Practices, “
gov/g/drl/rls/hrrpt/2003/27926.htm).
11 Department of State, 2003 International Religious Freedom
Report. For a religious denomination to be officially recognized
by the state, a request must be submitted to the Religious Affairs
Department at the Ministry of Interior, which assesses whether
the proposed religion would pose a threat or upset national
unity or social peace. The department also consults the leading
religious figures recognized in the country, particularly the Pope
of the Coptic Orthodox Church and the Sheikh of Al-Azhar. The
registration is then referred to the President, who issues a decree
recognizing the new religion.
12
January 2005 (http://www.state.gov/g/drl/rls/40258.htm,
accessed
13 Para. 42, Report Submitted by Abdelfattah Amor to the
Commission on Human Rights, 60th session,
E/CN.4/2004/63.
14 See “CRS Issue Brief for Congress,” Egypt-United States
Relations. Congressional Research Service,
15 See Supporting Human Rights and Democracy: The
2003-2004
16 USAID Budget:
cbj2005/ane/eg.html, accessed
17 Ibid.
http://www.uscirf.gov/countries/publications/policyfocus/EgyptPolicyBrief.pdf