Egyptian court to rule on religious freedom (reject, Buddhism, choice)

[arthra]

EGYPT COURT TO RULE NEXT WEEK ON NEW RELIGIOUS FREEDOM CASES

CAIRO, 20 December 2007 (BWNS) -- A court is expected to rule early
next week on two cases related to the government's policy on religious
affiliation and national identity papers, an issue that has been hotly
debated here in recent months and a focus of international human rights
concerns.

The first case involves a lawsuit by the father of twin children, who
is seeking to obtain proper birth certificates for them. The second
concerns a college student, who needs a national identity card to re-enroll
in university.

Both are set for "final judgment" by the Court of Administrative
Justice in Cairo on 25 December 2007. In both cases, the individuals involved
are unable to obtain government identification papers because they are
Baha'is.

"The world has increasingly come to understand the basic injustice
imposed by the Egyptian government's policies on religious affiliation and
official documents -- and the court has before it in these two cases
the chance once again to right that wrong," said Bani Dugal, the
principal representative of the Baha'i International Community.

"Last year, under pressure from Muslim fundamentalists, the Supreme
Administrative Court rejected a lower court decision that had required the
government to include the word 'Baha'i' on official documents. These
two new cases offer a compromise solution, asking merely that the
religious affiliation field be left blank or filled in with the word
'other,'" added Ms. Dugal.

The government requires all identification papers to list religious
affiliation but then restricts the choice to the three officially
recognized religions -- Islam, Christianity, and Judaism. Baha'is are thus
unable to obtain identification papers because they refuse to lie about
their religious affiliation.

Without national identity cards -- or, as in the case of the twin
children, birth certificates -- Baha'is and others caught in the law's
contradictory requirements are deprived of a wide range of citizenship
rights, such as access to employment, education, and medical and financial
services.

MORE

These problems were highlighted in a report issued in November by Human
Rights Watch and the Cairo-based Egyptian Initiative for Personal
Rights (EIPR).

"Employers, both public and private, by law cannot hire someone without
an ID, and academic institutions require IDs for admission," said the
report. "Obtaining a marriage license or a passport requires a birth
certificate; inheritance, pensions, and death benefits are contingent on
death certificates. The Ministry of Health has even refused to provide
immunizations to some Baha'i children because the Interior Ministry
would not issue them birth certificates accurately listing their Baha'i
religion."

The issuance of birth certificates is at the heart of the first case,
which concerns 14-year-old twins Imad and Nancy Rauf Hindi. Their
father, Rauf Hindi, obtained birth certificates that recognized their Baha'i
affiliation when they were born.

But new policies require computer generated certificates, and the
computer system locks out any religious affiliation but the three officially
recognized religions. And without birth certificates, the children are
unable to enroll in school in Egypt.

The second lawsuit was filed by the EIPR last February on behalf of
18-year-old Hussein Hosni Bakhit Abdel-Massih, who was suspended from the
Suez Canal University's Higher Institute of Social Work in January 2006
due to his inability to obtain an identity card because of his refusal
to falsely identify himself as either a Muslim, a Christian, or a Jew.

In both cases, lawyers representing the Baha'is have made it clear that
they are willing to settle for cards or documents on which the
religious affiliation field is left blank or filled in, perhaps, as "other."

This solution is what makes these two cases different from the lawsuit
that was rejected by the Supreme Administrative Court last year, said
Hossam Baghat, director of the EIPR.

"The negative ruling by the Supreme Administrative Court has forced us
to file these new cases," said Mr. Baghat, whose organization has been
at the forefront of defending Egyptian Baha'is in this controversy.
"The facts are extremely similar to the case that we lost last year, but
we are calling this time for documents without any religious
affiliation.

"For us, this is really the test for the government and the judiciary
on this issue. Because if the main problem is the fact that the Baha'i
Faith is not recognized in Egypt, then there should be no grounds for
them to deny these Egyptian citizens documents that are necessary for
their daily life without any reference to religion."

Mr. Baghat said the cases also have implications for religious freedom
in general in Egypt.

"So far, the problem only affects Egyptian Baha'is, but the same
problem could arise in theory with Egyptians who are adherents of Buddhism or
Hinduism," said Mr. Baghat. "But it is also important for people who
do not wish to be identified with any religion, which is a right
guaranteed by both Egyptian and international law."

For Egyptian Baha'is, the facts of life on the ground continue to
deteriorate in the absence of a solution, said Labib Hanna, a spokesperson
for the Egyptian Baha'i community.

"We are not able to do anything without valid identification papers,"
said Dr. Hanna, who is a professor of mathematics at Cairo University.
"We cannot renew a driver's license, we cannot obtain permanent
employment, and we cannot send our children to school."

He said many Baha'is are able to meet the needs of daily life by taking
temporary positions, dealing with banks, schools, or other
institutions where they have an established relationship, or by continuing to use
old, paper-based identification cards that allowed for other options in
the religious affiliation field.

"We are trying to survive," said Dr. Hanna. "But it is difficult. We
are struggling."


To view the photos and additional features click here:
http://news.bahai.org

--

[arthra]

EGYPT COURT UPHOLDS BAHA'I PLEA IN RELIGIOUS FREEDOM CASES

CAIRO, 29 January 2008 (BWNS) -- In a victory for religious freedom, a
lower administrative court here today ruled in favor of two lawsuits
that sought to resolve the government's contradictory policy on religious
affiliation and identification papers.

The Court of Administrative Justice in Cairo upheld arguments made in
two cases concerning Baha'is who have sought to restore their full
citizenship rights by asking that they be allowed to leave the religious
affiliation field blank on official documents.

"Given the degree to which issues of religious freedom stand at the
heart of human rights issues in the Middle East, the world should cheer at
the decision in these two cases today," said Bani Dugal, the principal
representative of the Baha'i International Community to the United
Nations.

"The compromise offered by the Baha'is in these two cases opens the
door to a way to reconcile a government policy that was clearly
incompatible with international law -- as well as common sense," said Ms. Dugal.

"Our hope now is that the government will quickly implement the court's
decision and allow Baha'is once again to enjoy the full rights of
citizenship to which they are duly entitled," said Ms. Dugal.

The decisions today concerned two cases, both filed by Baha'is, over
the issue of how they are to be identified on government documents.

The first case involves a lawsuit by the father of twin children, who
is seeking to obtain proper birth certificates for them. The second
concerns a college student, who needs a national identity card to re-enroll
in university.

The government requires all identification papers to list religious
affiliation but restricts the choice to the three officially recognized
religions -- Islam, Christianity, and Judaism. Baha'is are thus unable to
obtain identification papers because they refuse to lie about their
religious affiliation.

Without national identify cards -- or, as in the case of the twin
children, birth certificates -- Baha'is and others caught in the law's
contradictory requirements are deprived of a wide range of citizenship
rights, such as access to employment, education, and medical and financial
services.

These problems were highlighted in a report issued in November by Human
Rights Watch and the Cairo-based Egyptian Initiative for Personal
Rights (EIPR).

"Employers, both public and private, by law cannot hire someone without
an ID, and academic institutions require IDs for admission," said the
report. "Obtaining a marriage license or a passport requires a birth
certificate; inheritance, pensions, and death benefits are contingent on
death certificates. The Ministry of Health has even refused to provide
immunizations to some Baha'i children because the Interior Ministry
would not issue them birth certificates accurately listing their Baha'i
religion."

The issuance of birth certificates is at the heart of the first case,
which concerns 14-year-old twins Imad and Nancy Rauf Hindi. Their
father, Rauf Hindi, obtained birth certificates that recognized their Baha'i
affiliation when they were born.

But new policies require computer generated certificates, and the
computer system locks out any religious affiliation but the three officially
recognized religions. And without birth certificates, the children are
unable to enroll in school in Egypt.

The second lawsuit was filed by the EIPR last February on behalf of
18-year-old Hussein Hosni Bakhit Abdel-Massih, who was suspended from the
Suez Canal University's Higher Institute of Social Work in January 2006
due to his inability to obtain an identity card because of his refusal
to falsely identify himself as either a Muslim, a Christian, or a Jew.

In both cases, lawyers representing the Baha'is have made it clear that
they were willing to settle for cards or documents on which the
religious affiliation field is left blank or filled in, perhaps, as "other."

This solution is what makes these two cases different from the lawsuit
that was rejected by the Supreme Administrative Court last year. In
that ruling, the Supreme Administrative Court rejected a decision by the
lower that upheld the right of Baha'is to be properly identified on
government documents.

For more information go to:

<a href="<http://news.bahai.org/">http://news.bahai.org/</a>