Bahá’í World/Volume 29/Current Situation of the Bahá’ís in Egypt
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The Bahá’í International Community
presented this statement to the 52nd session of the United Nations Sub-Commission 0n the Promotion and Protection ofHuman Rights, held in Geneva, 2 August 2000.
CURRENT
SITUATION o1: THIE ,
BAHA’IS IN E GYPT
t is with great reluctance that we bring to the attention of the
Sub-Commission the discrimination and persecution of the Bahá’í community in Egypt. We do this only after patient efforts, conducted in a quiet and constructive manner with the relevant diplomats and government authorities over a period of several years, have failed to resolve this half—century-old situation. Since we are addressing this issue at the Sub-Commission for the first time, it may be helpful to give you a brief history of the persecution of the Bahá’í community in Egypt.
The persecution of the Bahá’í community in Egypt started in 1960 when former President Nasser decided, through Presidential Decree No. 263, to dissolve all Bahá’í institutions. Because the Bahá’í Faith has no clergy, the arbitrary dissolution of these institutions was equivalent to abolishing cardinals, bishops, and parish priests in Christian communities. These institutions not only guide the community and nurture the individual members, but they perform such canonical functions as marriages and burials.
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TH_E Bahá’í WQRLD
At the time of the decree, all Bahá’í properties and assets were confiscated—some appropriated for the benefit of certain Muslim organizations—and the Bahá’í activities previously conducted by these institutions were banned. It was officially stated that the restrictive measures were directed only at the Bahá’í administrative institutions and their activities, and that individuals remained free to believe in and practice the Bahá’í Faith in accordance with the religious freedom constitutionally guaranteed to all. In practice, however, Bahá’ís have been imprisoned on charges related solely to their religious convictions on six occasions in the past 30 years. Homes were searched, and all Bahá’í materials seized. Accusations focused on attempting to teach their religion or holding NineteenDay Feasts, which are religious celebrations observed by Bahá’ís in their homes at the beginning of every month of the Bahá’í calendar.
The Egyptian Bahá’ís have challenged in court the legality of Decree No. 263 on the basis of its unconstitutional discriminatory dispositions, its interference with their religious freedom, its nonconformity with the Universal Declaration of Human Rights, and the failure of the president to submit it to the Parliament, as required by the Egyptian Constitution. On 1 March 1975 the Supreme Court rejected the case brought by the Egyptian Bahá’ís and ruled that the Decree was constitutional. Moreover, the Administrative Court and the Supreme Court designated the Bahá’í Faith an unrecognized religion and in so doing completely ignored the fact that the Egyptian government had treated the Bahá’í community as a recognized religious community for over half a century. Furthermore, the Supreme Court’s determination that the Bahá’í Faith was against the public order and/or the social order ignored entirely the fact that the Bahá’í community had existed in Egypt since 1868 without once drawing such an accusation. The actions of the government seem to be intended to pacify a few religious extremists at the expense of a peaceful, law—abiding Bahá’í community. This is an abdication of state responsibility to protect the rights of all its citizens.
At this time the entire community in Egypt is under strict and constant police surveillance. Bahá’ís are not permitted to
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Bahá’ís IN EGYPT
gather for any purpose, not even to commemorate the most holy occasions of their religion. Periodically, their homes are searched and their Bahá’í literature taken away and destroyed. As part of their systematic intimidation of the community, the police often remind the Bahá’ís that informers have been recruited from their community. As the Bahá’ís cannot legally marry unless they declare themselves to be adherents of one of the three recognized religions—Islam, Christianity, or the J ewish Faith, which they are not willing to do, the entire Bahá’í community is without legal means for controlling such matters as family allowances, pensions, inheritance, divorce, alimony, or custody of children. Bahá’í marriage is considered to be concubinage, and Bahá’í children are regarded as illegitimate. Moreover, governmentcontrolled news media, including the State-owned radio and TV stations, periodically orchestrate hate campaigns against the Bahá’í Faith, calling for its extermination. Because of emigration to escape such gross Violations of human rights, the once—Vibrant Egyptian Bahá’í community has, within a few decades, been reduced to only several hundred.
In 1993 the UN Human Rights Committee, when considering a report submitted by the Arab Republic of Egypt under article 40 of the International Covenant on Civil and Political Rights, expressed anxiety over the treatment of Bahá’ís. We note in paragraph 12 of the Concluding Observations of the Human Rights Committee (CCPR/C/79/Add.23) dated 9 August 1993 the following statement: “. . .the Committee is worried about restrictive legal provisions existing in Egypt with regard to freedom of thought, conscience, religion, assembly, and association. Restrictions not in conformity with article 18 of the Covenant regarding various religious communities or sects, such as Bahá’ís, are a matter of particular concern.”
Seven years have passed since the Human Rights Committee submitted its Concluding Observations. According to our information, the situation of the Bahá’ís in Egypt has failed to improve and has even, in some instances, deteriorated. We would
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like to bring to your attention a “fatwa” dated 19 May 1998 issued by the Azhar Council of Islamic Research, Fatwa Committee. This document, which has recently come to light, presents the distorted View of the Fatwa Committee on the Bahá’í Faith, thanks the Government of Egypt for issuing Presidential Decree no. 263, and implores it to continue to enforce its provisions. The fatwa was in answer to a letter to the Azhar written by several professors protesting the planned hiring of a Bahá’í lecturer at the University of Cairo. The Bahá’í maintained that she had a right to apply for this position regardless of her religion. Despite the fatwa, the lecturer was hired, which demonstrates that when there is a will on the part of the government, even a fatwa may be disregarded.
In light of the above, the Bahá’í International Community believes that the following grave breaches of freedom of religion suffered by the Bahá’ís need to be addressed by the Government of Egypt.
- The Presidential Decree of 1960 dissolving the Bahá’í institutions and making illegal the performance of any of their activities should be repealed, and the right of the Bahá’í community to form its religious institutions restored.
- A civil authority needs to be assigned responsibility for registering the marriages of Bahá’ís, or such authority should be given to Bahá’í institutions.
. In matters pertaining to identity, birth, and official documentation, Bahá’ís must be given the same treatment as the members of other religious minorities.
- Finally, the government-controlled media should cease disseminating incorrect information designed to stir up hatred against the Bahá’ís.
The Bahá’í International Community asks that the SubCommission express its grave concerns to the Government of Egypt.
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