Country assessment Egypt Landanalyse

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Country assessment
EGYPT
(Officially The Arab Republic of Egypt)
Drafted by Victoria Korsnes Nordli (March 2015)
Population:
86,895,099
(July 2014 est.)
Languages:
Arabic (official), English
and French widely
understood by educated
classes
Ethnic
groups:
Egyptian 99.6%, other
0.4%
(2006 census)
Religions:
Muslim (mostly Sunni)
90%, Christian (majority
Coptic Orthodox, other
groups include Armenian
Apostolic, Catholic,
Maronite, Orthodox and
Anglican) 10%
(2012 est.)
Human
Ranked 110 out of 187
Development countries
Index 2013:
Sources:
CIA World Factbook and UNDP
Human Development Reports1
Summary
-
-
1
Egypt has seen a turbulent period with two revolutions and three constitutions over the
last three and a half years.
The authorities continue to consolidate their power through mass arrests and excessive
use of force, and a climate of impunity prevails.
Despite certain positive developments for religious freedom, the failure of government
to protect religious minorities from discrimination and violence continues. Moreover,
certain religious groups are deprived of constitutional rights protecting their right to
freedom of religion or belief.
After the ouster of Morsi June 2013 there was a unprecedented wave of sectarian
violence against Christians. Few of the assailants have been punished.
Hindrances in construction and renovation of churches; difficulties facing converts;
the increased use of blasphemy and defamation laws are other challenges to freedom
of religion or belief in Egypt.
UNDP Human Development Reports are available through http://hdr.undp.org/en/2014-report
1
Background
Egypt has a long history dating back as far as 3200 B.C. when the first unified kingdom was
established. In the 7th century, the Arabs took control of the territories and governed for six
centuries, and introduced the Arabic language and Islam. In 1250 the Mamluks took control
over the country and continued to rule after the Ottoman Turks conquered Egypt in 1517.
Although Britain seized control over the Egyptian government in 1882, purportedly to
safeguard own investments, Egypt remained loyal to the Ottoman Empire until 1914. Partial
independence was acquired in 1922 and thirty years later, in 1952, British rule was overthrown
giving Egypt full sovereignty from Britain.2
In more recent times, Egypt has faced the challenge of rapid population growth3 and limited
cultivable land, causing resource exhaustion and pressure on society. Despite government
efforts Egypt has not succeeded in dealing with the growing demands of its population. Public
discontent has erupted into mass demonstrations, provoking excessive use of force by the police
and security forces at several occasions. Most notable are the protests at Tahir Square in Cairo
in January-February 2011, which escalated into the so-called Arabic Spring and the end of
president Hosni Mubarak’s regime.4 Former president Mubarak, who had been in office since
1981, was sentenced to life in prison in June 2012 on charges of having ordered the killing of
protesters on Tahir Square. The country’s Supreme Council of Armed Forces (SCAF)
temporarily assumed power after Mubarak’s fall, and resolved the Parliament, suspended the
Constitution and requested constitutional amendments as well as new parliamentary and
presidential elections. Parliamentary elections were completed in early 2012, but in June the
Supreme Constitutional Court ruled that the elections were invalid. This month also saw the
contentious victory of Mohamed Morsi and the Muslim Brotherhood in the presidential
elections. In November 2012 president Morsi issued a decree declaring presidential decisions
superior to judicial review, and he further renounced the decision of the Court. This decree was
eventually revoked; yet, president Morsi pushed forward a vote on the draft constitution in ….
2012. The draft was completed by the constituent assembly before it was dissolved.5 In the first
half of 2013, the political support for president Morsi declined, with accusations that he granted
himself and the Muslim Brotherhood unlimited powers and ignoring the country’s political and
economic problems. Ultimately, in June 2013, the military ousted Morsi after days of massive
demonstrations and appointed an interim government led by Adly Mansour.6
The interim president issued a Constitutional Declaration, which drew up a roadmap to revise
the Constitution of 2012, and hold parliamentary and presidential elections. A constitution was
drafted and revised by a “Committee of 50” composed of solely one Islamist member, four
Coptic Christians and five women. Prior to the referendum in mid-January 2014, the interim
authorities effectively banned all expression of opposition to the Draft Constitution. It is
reported that most Islamists and other opponents of the military regime boycotted the vote.
2
CIA World Factbook, last updated 22 June 2014, https://www.cia.gov/library/publications/the-worldfactbook/geos/eg.html
3
Egypt’s population growth is the most rapid in the Arab world.
4
CIA World Factbook.
5
Freedom House, 2013, https://freedomhouse.org/report/freedom-world/2013/egypt#.VSQGwGawmkE
6
United States Commission on International Religious Freedom (USCIRF), Annual Report 2014, p. 51; Human
Rights Watch (HRW), World Report 2015, p. 532, available through http://www.hrw.org/world-report/2015 ;
Freedom House, Freedom in the World 2014, https://freedomhouse.org/report/freedomworld/2014/egypt#.VSQNYmawmkE
2
While the new Constitution formally improves certain protections and liberties, the
enforcement of these rights have been significantly flawed.7
The Presidential elections held in the end of May 2014 were won by Abdel Fattah al-Sisi,
former army field marshal and defense minister and central in the ousting of Morsi. Reportedly,
there were major flaws in the elections, and the government has continued a repressive and
ignorant practice. For instance, no parliamentary elections were held in 2014, despite a
provision in the new Constitution requesting a vote.8 The elections were planned to be held in
March 2015, but was suspended indefinitely again.9 Accordingly, as the democratic aspirations
that emerged and positive developments subsequent to the revolution and have been crushed
by intensified repression by the authorities, Egypt continues to be characterized by substantial
political and social turmoil. Despite this, many Egyptians view Al-Sisi as a hero and savior.
The Human Rights Situation in Egypt
Although Egypt is a State Party to several international human rights treaties (see appendix) as
well as the African Charter on Human and People’s Rights, grave human rights abuses and
violations persist unabatedly. In fact, Human Rights Watch claims that the current state of
human rights is the most serious in the country’s modern history.10 Through mass arrests and
excessive use of force, the authorities have consolidated their control over the Egyptian people.
Furthermore, impunity is widespread and violations of due process, use of death sentences and
torture as well as restrictions on and suppression of basic rights and freedoms, including the
right to freedom of religion or belief, continue.11
Although freedom of expression and of the press is provided for in the new Constitution12,
these rights are not enforced in practice. They are further restricted in relation to national
security concerns, allowing for “limited oversight” in case of emergency or during wartimes.13
Both the Morsi- and the interim government tried to reduce criticism and opposition against
their regimes through arbitrary arrests and imposing charges of insulting public figures and
institutions or religion.14 The current authorities have continued with similar repressive actions
to the control the Egyptian population. According to Freedom House around 16.000 people
were in prison for political reasons as of mid-2014.15 Ten thousands of Muslim Brotherhood
supporters have been arrested and sentenced in mass trials, many hundreds of them to death.
The government has also arrested and prosecuted secular pro-democracy activists, human rights
defenders and leaders in the revolutionary movement. 16 Moreover, subsequent to the 2013
coup, Al-Sisi’s military government has ceased the activity of opposition and Islamist media
channels, restricting basic freedoms of expression and the media. As a result, surviving outlets,
both state and private, publicly express pro-military and pro-Sisi views. Furthermore, self7
Fredom House, 2014; Freedom House, Freedom in the World 2015, https://freedomhouse.org/report/freedomworld/2015/egypt#.VSQSJGawmkE
8
HRW, p. 5-6; Freedom House, 2015.
9 http://www.aljazeera.com/news/2015/03/egyptian-court-suspends-parliamentary-elections150303130411282.html
10
HRW, p. 201.
11
HRW, p. 201-211; United States (US) Department of State (a), Egypt 2013 Human Rights Report, available
through http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper
12
Articles 65 and 70, respectively.
13
US Department of State (a), p. 15; Freedom House, 2015.
14
Freedom House, 2014. See also US Department of State (a), p. 15-16.
15
Freedom House 2015
16 HRW 2015, p 203-204
3
censorship and official censorship remains prevalent, and offensives have been taken against
private newspapers such as the Al-Masry al-Youm and the television network Al-Jazeera in
Qatar. Journalists who report on political opposition were also subjected to violence and
harassment throughout 2013, and arrests and imprisonment of journalists on suspicious charges
continued in 2014, including three Al-Jazeera journalists who in June 2014 were sentenced to
seven years in prison for collaborating with the Muslim Brotherhood to publish false news.17
While protests have been key in expressing politica l views and demands since 2011, the right
to freedom of assembly and association is firmly limited. Demonstrations tend to turn violent
and the police and security forces quickly break up protesters, often using excessive force,
including live ammunition and tear gas. For instance, the dispersal of the pro-Morsi sit-ins at
Rabaa al-Adawiya and Nahda Square in August 2013 experienced an unprecedented level of
violence with an unidentified number of deaths.18 Freedom House19
2015: Not free
In November 2013, interim president Mansour
- Rates states’
- Civil liberties: 5
introduced a law permitting the police to prohibit
- Political rights: 6
and disperse assemblies exceeding 10 people in a freedom on a scale
forceful way. Furthermore, the law imposes a from 1 to 7, where 1
requirement on demonstrators to
represents the freest
notify the police minimum three days prior to the and 7 represents the
protest and bans demonstrations at places of least free.
worship. Under a 2002 Law on Associations, the
Egypt is ranked 23
Open Doors World
government holds broad powers over NGOs,
20
in 2015.
including their funding and composition. This Watch List
Score 61/100.
control risks being tightened if a draft law - Ranks the world’s
presented in mid-2014 by the Social Solidarity 50 worst countries in
Ministry, which affords veto power to government terms of persecution
security agencies over NGO activities, funding and of Christians for
registration, is passed. Furthermore, according to religious reasons.
a 2014 decree, NGOs that receive foreign funding
Country of
to “harm the national interest” may face life-long Unites States
Particular Concern
imprisonment and fines around $70,000. Members Commission on
(CPC) in 2013 and
of organizations operating without a license and International
receiving foreign funding without permission from Religious Freedom
2014
21
the government have been sentenced to prison. The (USCIRF)
Muslim Brotherhood has been labeled a terrorist Transparency
Ranked 94 out of
organization and in April 2014 a court banned the
175 countries in
International22
2014.
Score 37/100.
17
Freedom House, 2015.
Egyptian Initiative for Personal Rights (EIPR), The Weeks of Killing – State Violence, Communal fighting &
Sectarian Attackes in the summer of 2013, June 2014.
19
Freedom House, 2015.
20
Open Doors World Watch List, 2015 WorldWatch List Report, https://www.opendoorsusa.org/christianpersecution/world-watch-list/wwl-downloads/
21
United States Commission on International Religious Freedom (USCIRF), Annual Report 2013; USCIRF,
2014. Both reports available through http://www.uscirf.gov/reports-briefs/annual-report
22
Transparency International, http://www.transparency.org/country#EGY
18
4
6 April movement, one of the prodemocracy groups that were central in the 2011 uprising.23
Academic freedom has also been restricted since the coup in 2013. Security forces have
forcibly dispersed pro-Morsi student protesters at several universities and arresting hundreds
for demonstrating against the government. A Court in Cairo reversed a 2010 ruling banning
police and security forces from acting on university sites when it decided in end of 2013 that
demonstrations on university campuses require advance approval.24 In December 2013, Luxor
court found a Coptic primary school teacher guilty of “insulting Islam” when teaching History
of Religion.25 In April 2014 a Coptic teacher was shot by the brother of a student, after the
teacher had disciplined him.26
Egypt’s judiciary played a key role in the military coup in 2013; interim president Mansour
was then the chairman of the Supreme Constitutional Court and judges were central in drafting
the new Constitution of 2014. While the new Constitution enhances the judiciary’s autonomy,
the judicial system is very politicized, as demonstrated for instance by harsh punishments of
people perceived as opponents to the authorities. The fact that the 2014 Constitution also
permits military trials of civilians, results in frequent violations of the right to due process and
a climate in which impunity prevails.27 Moreover, Egypt is one of the countries that still retain
the death penalty for ordinary crimes.28 According to Amnesty International, at least 109 death
sentences were imposed in 2013, including by military courts.29 Human Rights Watch also
reports that in March and April 2014 more than 1,200 people who purportedly were involved
in two assaults against police officers were given the death penalty by a criminal court in Minya.
The authorities further fail to protect prisoners’ rights, as inmates are deprived of due process
rights, and placed in overcrowded prisons with poor sanitary conditions and lacking of medical
care. In addition, detainees are subjected to torture and the authorities generally fail to convict
perpetrators, which also fosters a climate of impunity.30
Despite government efforts to curb sexual harassment and assault, including a presidential
request to form a ministerial committee in 2014 to establish a national strategy to deal with
harassment, women and girls continue to be subjected to such practice in public space. The
committee has met; however, a comprehensive law and an implementation strategy have yet to
be proposed. Although equality of the sexes is affirmed in the new Constitution, there have
been no improvements for women in practice. Without legal provisions criminalizing domestic
violence, for instance, women have no legal protections against this kind of violence or sexual
assaults. Other forms of violence and discrimination against women including female genital
mutilation, child marriage, and discrimination in relation to marriage, child-care, and heritage,
also continue.31
The conflict and suppressive situation in Syria has led significant number of Syrian refugees
tin Egypt. Reportedly, Egyptian authorities have arbitrarily arrested and subsequently deported
several refugees to third countries. The government has further prevented the UN High
23
HRW, p. 207; Freedom House, 2015; US Department of State (a), p. 21-22.
Freedom House ,2015; US Department of State (a), p. 20.
25
US Department of State (a), p. 15.
26
http://morningstarnews.org/2014/04/christians-killed-in-egypt-reflect-growing-hatred-in-segments-of-society/
27
HRW, p. 204; Freedom House, 2015.
28
The 2014 Constitution does not contain any provisions on prohibiting the death penalty.
29
Amnesty International, Death Sentences and Executions in 2013, p. 9, 32-33, 53. Available through
http://www.amnestyusa.org/research/reports/death-sentences-and-executions-2013
30
HRW, p. 204. See also Freedom House, 2015.
31
HRW, p. 209-210; Freedom House, 2015.
24
5
Commissioner for Refugees (UNHCR) to access all refugees and provide humanitarian
assistance. In addition, there are an increasing number of refugees from South Sudan, as well
as refugees and asylum-seekers from Somalia, Eritrea and Ethiopia, who suffer from a lack of
protection and human rights violations.32
The State of Freedom of Religion or Belief in Egypt
The state of religious freedom in Egypt is complex. The new Constitution adopted in January
2014 offers certain improvements in the protection of religious freedom and religious
minorities; yet, the protection is limited to Egyptians who profess Islam, Christianity or Judaism
and includes only the right to practicing religious rituals and establish places of worship. More
specifically, Article 2 of the new Constitution provides that Islam is the state religion and the
principles of Islamic Shari’a the main legal source, and Article 3 that “the principles of the laws
of Egyptian Christians and Jews are the main source of laws regulating their personal status,
religious affairs, and selection of spiritual leaders.”33 Churches are further permitted to operate
openly and are at times even afforded police protection during ceremonies. Moreover, religious
education and printing of religious material is permitted. Nevertheless, religious believers and
non-believers still face discriminatory laws and practices, intolerance and sectarian violence.
Religious demography
The majority, around 80-90%, of Egypt’s 87 million people adheres to Sunni Islam. There is
also a significant Christian community estimated at 10-12%34, of which most belong to the
Coptic Orthodox Church. In fact, the Coptic community in Egypt is the largest in the Middle
East.35 Other religious groups include Shia and Sufi Muslims, Baha’is, Jews, atheists36 and
other religious minorities.37
The Constitution and blasphemy legislation
In December 2013, the military repealed president Morsi’s constitution and proposed a new
Constitution drafted by the “Committee of 50”. Approved in a referendum in January 2014, it
provides a somewhat better protection for certain religious groups and religious freedom. For
instance, the article that defined Islamic Shari’a law in a narrow way and that favored the
interpretation of one conservative school of Sunni Islam is erased. In addition, the Supreme
Constitutional Court has regained its constitutional role in reviewing the law, a capacity that
the Morsi-constitution of 2012 had afforded scholars at the country’s leading Sunni Muslim
center of learning, Al Azhar. Accordingly, Egypt’s international human rights obligations could
See UNHCR, 2015 UNHCR country operations profile – Egypt,
http://www.unhcr.org/pages/49e486356.html. See also US Department of State (a), p. 12-13 and HRW, p. 210.
33
See also USCIRF, Egyptian Constitutional Review – An Initial Analysis of the Provisions on Freedom of
Religion or Belief and Related Rights in the December 2013 Egyptian Draft Constitution, Policy Brief,
December 2013, available through
http://www.uscirf.gov/sites/default/files/resources/Egyptian%20Constitutional%20Review%20Policy%20Brief
%20FINAL%2012-17-2013.pdf
34 The number is contested. Some mean Christians are not more than around 5% (PEW Research Institute,
http://www.pewresearch.org/2011/02/16/how-many-christians-are-there-in-egypt/), while many others operate
with +/- 10%, (https://www.cia.gov/library/publications/the-world-factbook/geos/eg.html).
35
Carnegie Endowment for International Peace, Violence against Copts in Egypt, November 2013.
36
Egypt supposedly has the highest number of atheists in the Arab World. See for instance Carnegie Endowment
for International Peace, Is Sisi Islam’s Martin Luther?, 16 January 2015,
http://carnegieendowment.org/syriaincrisis/?fa=57738
37
Christian Solidarity Worldwide (CSW), Egypt, http://www.csw.org.uk/our_work_profile_egypt.htm; CIA
World Factbook; US Department of State (b), Egypt 2013 International Religious Freedom Report, p. 3.
32
6
hopefully now be considered to a greater extent than before. The new Constitution further
demands in Article 235 the parliament to “pass a law governing the building and renovating of
churches”, which is one of the most difficult religion-related issues in Egypt, and has removed
the previous provision that explicitly prohibited blasphemy.38
Despite these positive developments, restrictive and discriminatory clauses remain. More
specifically, even though Article 64 provides for an absolute freedom of belief, it contains a
narrow view of religious expression as the freedom of religious practice it limited to Muslims,
Christians and Jews. 39 Consequently, those adhering to other religions or belief systems,
including the Baha’is, or non-believers such as atheists and agnostics, are excluded and as such
deprived of constitutional rights protecting their freedom of religion or belief. Furthermore,
while the new Constitution removed the 2012 Constitution’s blasphemy ban, it stipulates in
Article 53 that “incitement to hate” must be punishable by law.40 If interpreted as a ban on
speech that insults religious beliefs, figures or symbols, this provision may in practice serve as
a prohibition on blasphemy and, as such, violate citizen’s rights to freedom of religion and
speech. 41 Additionally, blasphemy and defamation is criminalized under other areas of
Egyptian legislation. For instance, under Egypt’s Penal Code Article 98 (f), citizens are
prohibited from “ridiculing or insulting heavenly religions or inciting sectarian strife.” The
Article is frequently used against members of religious communities whose activities
supposedly defame the recognized religions or threaten “communal harmony”. The authorities
also apply this provision to interrogate, arrest, prosecute and imprison citizens when their
religious practice is considered to diverge from mainstream Islamic beliefs.42 In addition, other
articles of the Penal Code deal with different ways of religious insults. These provisions include
the prohibition of printing and dissemination of intentionally misrepresented religious material
for the three divine religions and criminalizes mocking religious services in public (Article
161), and the punishment of public incitement and expression of hatred or contempt against a
religious community (Article 176).43
It is reported that there has been an increase in the use of such blasphemy-type laws after the
2011 revolution. EIPR documented 48 cases from 2011 to the end of 2013. Even if the lion
share of charges are against Sunni Muslims, like prominent personalities and journalist, most
of those sentenced to prison terms have been Christians, Shia Muslims and atheists. 40% of the
defendants have been Christians, a high number considered them being a minority.44A high
profile blasphemy case is the female Christian teacher from Luxor who in 2013 was convicted
of insulting Islam. 45 Moreover, it is reported at tat least four individuals are serving jail
sentences ranging from three to six years for the “crime” of blasphemy.46
USICRF 2014, p. 51-53; USCIRF, December 2013. See also Constitute Project, Egypt’s Constitution of 2014,
Translated by International IDEA, available through
https://www.constituteproject.org/constitution/Egypt_2014.pdf
39
USCIRF, December 2013.
40
Constitute Project.
41
USCIRF, December 2013.
42
USCIRF, 2014, p. 52.
43
USCIRF, 2013, p. 51.
44 USCIRF 2014, p52; EIPR Besieging Freedom of Thought: Defamation of religion cases in two years of the
revolution, 2014; http://www.eipr.org/en/pressrelease/2014/02/26/1974;
45
USCIRF, Prisoners of Belief – Individuals Jailed under Blasphemy Laws, Policy Brief, March 2014; USCIRF,
2014, p. 52.
46
USCIRF, March 2014.
38
7
The 2014 Constitution also considers religious education a “core subject” of public and private
education, which may, if used in a discriminatory manner, violate religious freedom.47 Egyptian
legislation also requires citizens to carry a government-issued national identity card (ID card)
and present it to security forces upon request. These ID cards record religious affiliation, but
solely Islam, Christianity or Judaism can be indicated in the space for religion, depriving other
believers of their right to express their religion. This system also gives rise to a number of
problems for and discrimination against non-Muslim minorities or converts from Islam.48
Government policies and practices, societal abuses and discrimination
Indeed, a certain degree of freedom of religion or belief is provided for in Egyptian legislation.
Abuses and violations of this right are, however, widespread. According to Pew Research
Center, Egypt ranks amongst the countries with the highest overall levels of restrictions on
religious freedom and activity – whether resulting from government policies or hostile acts
from social actors. In fact, at the end of 2013, Egypt was classified with both very high
government restrictions and very high social hostilities involving religion (See appendix).49
In recent years, Egypt has experienced a politicization of religious divisions as well as an
increase in sectarian tensions and bloodshed throughout the country. Amongst Egypt’s various
religious minorities, Christians have suffered the most.
Muslims, Jews, Baha’is and Jehovah’s Witnesses
Egyptian authorities strictly control Muslim institutions in the aim of encouraging the ‘proper’
Islam and silencing extremism. However, by closely monitoring political speech in mosques,
banning unlicensed imams from holding sermons and dictating the theme of weekly sermons,
they create an atmosphere of insecurity and repression. In the period following the coup in
2013, the government initiated a harsh crackdown on the Muslim Brotherhood, which also
affected many peaceful Muslims.50
Members of the small Shia Muslim community repeatedly face harassment, discrimination and
arrests. Prior to president Morsi’s removal from office, Muslim Brotherhood members and
other Islamist members of parliament engaged in anti-Shia hate speech. Following a period of
hate speech targeting the Shia community, four Shia Egyptians were lynched by a mob of
Islamists in the governorate of Giza outside Cairo in June 2013. Although the lynching was
condemned, the authorities failed to protect the Muslim minority and their right to religious
freedom. In addition, the government did not denounce the incitement leading to the act.51
Furthermore, certain Islamist militant groups also view Sufi Muslim practices as heretical and,
as such, the Sufi community are also subjected to attacks and harassment.52
47
USICRF, 2014, p. 51-53; USCIRF, December 2013.
USCIRF, 2013, p. 55; US Department of State (b), p. 7.
49
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities – Overall Decline in Social
Hostilities in 2013, Though Harassment of Jews Worldwide Reached a Seven-Year High, 26 February 2015.
Available through http://www.pewforum.org/2015/02/26/religious-hostilities/
50
Freedom House, 2015.
51
CSW, Egypt, http://www.csw.org.uk/our_work_profile_egypt.htm; HRW, World Report 2014, p. 535,
available through http://www.hrw.org/world-report/2014. See also HRW, Egypt: Lynching of Shia Follows
Months of Hate Speech, 27 June 2013, http://www.hrw.org/news/2013/06/27/egypt-lynching-shia-followsmonths-hate-speech
52
USCIRF 2013, p. 52.
48
8
There are only 150 of Jews left in Egypt these days. Though Judaism is one of the officially
recognized religions, Egyptian authorities have failed to effectively deal with anti-Semitism
and discriminatory statements and material against the Jewish community. Material vilifying
Jews, including images of Jews demonizing Israel or Zionism, comparisons of Israeli leaders
to the Nazis and Hitler, Holocaust denial literature, and anti-Semitic cartoons frequently appear
in both state-controlled and semi-official media.53
A presidential decree issued by president Nasser has banned Baha’is and Jehovah’s Witnesses
since 1960. While the Baha’i faith was recognized prior to 1960, all Baha’is are now unable to
assemble or participate in public religious activities. Over the course of the years, the Islamic
Research Center of Al-Azhar, one of the world’s leading Sunni Muslim centers of learning, has
published fatwas, which condemn Baha’is as apostates and encourage continuing the
prohibition on their activities. Furthermore, the authorities do not recognize Baha’i marriages
and, as a result, they cannot obtain identity cards. Unmarried Baha’is are, however, after a 2008
verdict by the Court of Administrative Justice permitted to indicate a dash in the space of
religion on identity cards, which effectively still reveals that they adhere to the Baha’i faith.
Yet, the implementation of this verdict has been slow.54 In addition, Baha’is are unable to build
places of worship since the Constitution affords this right solely to the divine religions. 55
Members of the Baha’i faith are consequently prevented from carrying out daily transactions
and from the full enjoyment of their rights.56 Intolerance of Baha’is reportedly increased over
the past years and included discriminatory public statements and destruction of houses.
Furthermore, similar to previous constitutions, the new Constitution does not contain any
protections for Baha’is. 57 Being a non-recognized religious group, the Baha’is encounter the
most severe difficulties in relation to the official registering of religious affiliation.58
Like the Baha’is, Jehovah’s Witnesses are prohibited from building their own houses of
worship; yet, they are allowed to assemble in private homes in groups of less than 30 people.
Despite a yearlong struggle to obtain legal recognition though the court system, a 2009 court
verdict denies Jehovah’s Witnesses legal status. 59 During 2013, intolerance of Jehovah’s
Witnesses increased with more harassment and intimidation through the monitoring of the
community and their religious activities.60
Citizens perceived by the government as atheists faced increased pressure during 2014. For
instance, places where atheists supposedly gather were raided and laws against blasphemy
enforced in November and December, with one atheist sentenced to prison early 2015.61
Christians
The failure of the authorities in Egypt to protect the Coptic community from both government
and societal actors, and successfully prosecute perpetrators of violence continues, especially in
Upper Egypt. Violence against the Copts increased significantly subsequent to the revolution
53
USCIRF, 2014, p. 52; USCIRF 2013, p. 11
US Department of State (b), p. 7.
55
USCIRF, 2013, p. 55-56; USCIRF, 2014, p. 52.
56
US Department of State (b), p. 7-8; USCIRF, 2014, p. 52.
57
USCIRF, 2013, p. 56.
58
CSW, 2009, p. 12
59
USCIRF, 2013, p. 56-57.
60
USCIRF, 2014, p. 52.
61
Freedom House, 2015; http://www.nytimes.com/2015/01/28/opinion/mona-eltahawy-egypts-war-onatheism.html?_r=0
54
9
in 2011. According to USCIRF, those responsible of the series of the 2011 sectarian attacks
have still not been convicted, which illustrates the prevailing climate of impunity. It is also
reported that there has been an increase in cases of “contempt of religion” since the transition
period, including Egyptian Christians who have been sentenced to prison purportedly for
insulting Islam and the Prophet on Facebook. Moreover, churches, businesses, houses and
private property belonging to members of the Coptic group are frequently attacked and
vandalized. While certain efforts have been taken to respond to sectarian violence, including
“reconciliation sessions” to address the tensions and find a solution to the recurring clashes
between Muslims and Christians, such measures are insufficient and discriminatory in practice.
For instance, it is reported that Christian victims are forced to renounce their charges or any
claim to legal remedy.62
Attacks on churches, homes and businesses of Coptic Christians rose considerably after the
ousting of president Morsi. Copts have been accused of engineering president Morsi’s removal
in cooperation with religious and political leaders affiliated with the Muslim Brotherhood. Such
accusations and hate speech from religious and political leaders, in turn, incite attacks on the
Christian community and other minorities. Throughout 2013, sectarian attacks and terror
occurred several places in the country, including the Minya Province and Sinai region. 63
According to the Egyptian Initiative for Personal Rights (EIPR), the violent clashes during the
summer of 2013 included three overlapping types of violence: communal violence, organized
state violence and sectarian violence. After the dispersal of pro-Morsi sit-ins in Cairo 14 August
2013, pro-Morsi supporters typically headed to churches or Coptic-owned property in Upper
Egypt and ended with the torching, looting, or vandalizing of these properties. The attacks were
largely carried out in the total absence of security forces, firefighters or civil defense, or army
personnel. According to EIPR 43 churches were attacked, 27 of them burned mostly to the
ground. Hundreds of Coptic homes, shops and property were looted, destroyed and burned.
Very few of the churches have been rebuilt. 9 Copts were killed in the six week period after the
ouster of Morsi 30 June and to mid-August when the Rabaa sit-in was dispersed.64
In addition, rumors of different kinds, for instance rumors of interreligious love affairs,
kidnappings and conversions and rumors of discrimination or violence carried out by
Christians, provoke Muslim communities to attack and destroy churches and Christian homes.
Christians are being harassed, intimidated and exposed to kidnapping and expulsions,
especially in Al-Minya, Assuit and Sohag and other governorates in Upper Egypt. Forced
reconciliation sessions are often held, which reportedly resolve the dispute on the surface by
having the victims to refrain from legal prosecution. In this way, impunity is upheld.65 The local
authorities and police are unable and/or unwilling to protect the Christian community from
these violations. More recently, in September 2014, the police raided homes of a number of
Christian, assaulted the residents, including children and elderly women, and detained 30
Christians in the village of Deir Gabal al-Tayr. This came after the Christian community
protested outside the police station demanding police action over the abduction of a Christian
woman.66
62
Carnegie Endowment for International Peace, November 2013, p. 12-16; USCIRF, 2013, p. 53.
CSW, Egypt.
64
EIPR, June 2014, p. 11, 90++. See also Carnegie Endowment for International Peace, November 2013.
65
USCIRF 2014; Egyptian Initiative for Personal Rights (EIPR), Two years of Sectarian Violence: What
happened? Where do we begin? An analytical study of January 2008 – January 2010
66
EIPR, Deir Gabal al-Tayr Events, September 2014, available through
http://eipr.org/sites/default/files/pressreleases/pdf/events_in_deir_gabal_al-tayr_english.pdf;
http://www.csw.org.uk/2014/09/26/news/2341/article.htm
63
10
Another period of violence against Egyptian Christians took place in 2011, when at the
beginning of the year, on 1 January 2011, a bomb killed 23 people and injured around 100
during a New Years’ mass in Alexandria. Later, on 30 September 2011, the authorities also
failed to prevent the vandalism against and burning of St. George Church as well as a few
Coptic houses and businesses by a Muslim mob in Aswan. On 9 October 2011, at least 26
people, mostly Coptic Christians, were killed and more than 300 injured in sectarian clashes in
Maspero, when both Muslims and Copts protesting against the destruction of a church in
Aswan. State-run media, which reported on the demonstration, encouraged Egyptians to protect
security forces from Christian protestors. Accordingly, military forces took to the streets, using
ammunition and excessive force against a peaceful demonstration.67
Discrimination and harassment against Christians
According to Carnegie Endowment for International Peace, it is Egypt’s legislation and
government institutions that construct Christian Copts as targets of social conflict.68 Egyptian
authorities claim, however, that Christian communities are not precluded neither by law nor
policy from holding senior government positions. Yet in practice, members of the Coptic
Christian group are highly underrepresented in military or high-level government positions. In
fact, in 2013, none of the 27 governors in the country were Christian. The Christian community
also faces de facto discrimination within educational institutions, as non-Muslims are excluded
from teaching Arabic because it involves the study of the Qur’an. Furthermore, Egyptian law
establishes that Muslim women cannot marry Christian men, and that Coptic Christians must
marry within their faith. Consequently, inter-faith marriages tend to be a source of societal
tension.69
Repair, building and destruction of churches
Over the past few years, Egypt has seen an improvement in the legal regulations on renovations
of church property. Whereas a presidential authority was before required prior to the repair of
churches, permission from the relevant local authorities now suffices. Yet, both the renovation
and construction of churches is a highly political process. Vague formulations of administrative
requirements enable local officials to hinder major renovations and generally slow down the
already rigid and time-consuming approval process. Moreover, the building of new churches,
however, demands government authorization. According to USCIRF, no new churches were
approved for repair or construction in 2012.70
With regard to the building or repair of mosques, these processes are not subjected to the same
difficulties or demands. In fact, mosques receive state funding. Reportedly, buildings used for
Christian gatherings have been attacked and destroyed by local communities and Muslim
groups. Government officials have also at several occasions prevented Christian assemblies in
private homes or arrested those who have held such ceremonies. In fact, security forces have
obstructed the renovation or construction of private property when they suspect that it will be
used for Christian gatherings. 71 Even approved construction work can be hindered by militant
Islamists without security forces having the will or courage to hinder them, sometimes even
67
See for instance Carnegie Endowment for International Peace, November 2013.
Carnegie Endowment for International Peace, November 2013, p. 3-5.
69
USCIRF, 2013, p. 54.
70
Carnegie Endowment for International Peace, November 2013; CSW, Egypt – Religious Freedom Profile,
Briefing, September 2009, p. 15-16, available through http://www.csw.org.uk/2009/9/1/report/118/article.htm;
USCIRF, 2013, p. 55.
71
CSW, 2009, p. 16. See also Carnegie Endowment for International Peace, November 2013.
68
11
encouraging them.72 Sometimes Christian communities take the law in their own hands and
start renovations due to the cumbersome and lengthy legal process, resulting in religious
tensions and attacks from surrounding Muslim communities.
Converts and ID-cards
Similar to many countries in the Middle East, religious affiliation is closely related to societal
and family identity in Egypt. Conversion is often considered a betrayal to one’s family and
identity, and many converts face exclusion, discrimination and physical violence due to their
choice of religious belief. Whereas converting to Islam generally does not create any legal
difficulties, those who convert from Islam are confronted with multiple administrative and legal
problems. For instance, married citizens risk having their marriage cancelled and loose their
right to childcare; women may loose their right to inheritance. While neither the new
Constitution nor the Penal Code in Egypt prohibits conversion or evangelism, alleged
evangelical practice was in the previous Constitution frequently prosecuted under the provision
on blasphemy.73
Moreover, a citizen who is born Muslim but converts from Islam often encounters much social
hostility and ostracism. Christian Solidarity Worldwide (CSW) reports that at least two male
Christian converts have filed lawsuits against Egyptian authorities in order to have their
religious status officially recognized and choice of faith indicated on their ID card: Mohammed
Ahmed Hegazy and Maher el-Gohary. Despite several years of legal struggle, none of them
have succeded. El-Gohary has fled the country after a lot of pressure. Hegazy is facing new
charges as an old blasphemy charge against him has been re-opened.74 Christians converting to
Islam and then reconvert back to Christianity are since 2011 permitted to edit their ID cards so
that it reflects their religious status, it is still very difficult to obtain this in practice. According
to US Department on State, hundreds of Muslims reconverted to Christianity during 2013.75
72
http://en.wataninet.com/coptic-affairs-coptic-affairs/sectarian/islamists-block-the-erection-of-a-licensedchurch/13281/
73
See for instance Freedom House, The Impact of Blasphemy Laws on Human Rights, October, 2010, p. 21-34.
Available through https://freedomhouse.org/report/special-reports/policing-belief-impact-blasphemy-lawshuman-rights#.VSP97mawmkE
74
See CSW, 2009, p. 10-11 for more details on the cases; http://morningstarnews.org/2014/12/noted-convertfrom-islam-in-egypt-wins-partial-appeal-but-remains-in-jail/
75
US Department of State (b), p. 7; CSW, 2009, p. 10.
12
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http://www.amnestyusa.org/research/reports/death-sentences-and-executions-2013
Carnegie Endowment for International Peace, Violence against Copts in Egypt, November
2013
Christian Solidarity Worldwide (CSW), Egypt,
http://www.csw.org.uk/our_work_profile_egypt.htm
Christian Solidarity Worldwide (CSW), Egypt – Religious Freedom Profile, Briefing,
September 2009, available through http://www.csw.org.uk/2009/9/1/report/118/article.htm
CIA World Factbook, last updated 22 June 2014,
https://www.cia.gov/library/publications/the-world-factbook/geos/eg.html
Constitute Project, Egypt’s Constitution of 2014, Translated by International IDEA, available
through https://www.constituteproject.org/constitution/Egypt_2014.pdf
Egyptian Initiative for Personal Rights (EIPR), Details of sectarian attacks documented by
EIPR from 10 July to 11 August 2013
Egyptian Initiative for Personal Rights (EIPR), Deir Gabal al-Tayr Events, September 2014,
available through http://eipr.org/sites/default/files/pressreleases/pdf/events_in_deir_gabal_altayr_english.pdf
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Freedom House, Freedom in the World 2014, https://freedomhouse.org/report/freedomworld/2014/egypt#.VSQNYmawmkE
Freedom House, Freedom in the World 2015, https://freedomhouse.org/report/freedomworld/2015/egypt#.VSQSJGawmkE
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Human Rights Watch (HRW), World Report 2015, available through
http://www.hrw.org/world-report/2015
13
Open Doors World Watch List, 2015 WorldWatch List Report,
https://www.opendoorsusa.org/christian-persecution/world-watch-list/wwl-downloads/
Pew Research Center, Latest Trends in Religious Restrictions and Hostilities – Overall
Decline in Social Hostilities in 2013, Though Harassment of Jews Worldwide Reached a
Seven-Year High, 26 February 2015. Available through
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14
Appendix
Pew Research Center’s ranking of government restrictions and social hostilities involving
religion in Egypt
Country
Egypt
Baseline
year,
ending
June
2007,
GRI76
7.2
Baseline
year,
ending
June
2007,
SHI77
6.1
Year
ending
December
2012, GRI
Year
ending
December
2012, SHI
Year
ending
December
2013, GRI
Year
ending
December
2013, SHI
8.8
8.3
8.2
7.7
The scope of Egypt’s international human rights obligations78
International human rights treaties
Date of accession (a) or
ratification (r)
International Convention on the Elimination of All Forms of
Racial Discrimination
1 May 1967
International Covenant on Economic, Social and Cultural
Rights
14 January 1982
International Covenant on Civil and Political Rights
14 January 1982
Convention on the Elimination of All Forms of Discrimination 18 September 1981
against Women
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
25 June 1986 (a)
Convention on the Rights of the Child
6 July 1990
Optional Protocol to the Convention on the Rights of the
Child on the Involvement of Children in Armed Conflict
6 February 2007 (a)
Optional protocol to the Convention on the Rights of the
Child on the Sale of Children, Child Prostitution and Child
Pornography
12 July 2002 (a)
International Convention on the Protection of All Migrant
Workers and Members of Their Families
19 February 1993 (a)
76
Government Restriction Index (GRI): Measures government laws, policies and actions that restrict religious
beliefs or practices. It is composed of 20 measures of restrictions, such as efforts by governments to ban
particular faiths, prohibit conversions, limit preaching or give preferential treatment to one or more religious
groups.
77
Social Hostilities (SHI): Measures acts of religious hostility by private individuals, organizations and social
groups. It is comprised of 13 measures of social hostilities, including mob or sectarian violence, harassment over
attire for religious reasons and other religion-related intimidation or abuse.
78
OHCHR, http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Treaty.aspx?CountryID=54&Lang=EN
15
Convention on the Rights of Persons with Disabilities
14 April 2008
16
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