Saturday, January 06, 2007

Cairo Institute for Human Rights Symposium on the Rights of Baha'is

The Cairo Institute for Human Rights Studies (CIHRS) conducted a symposium on 26 December 2006 regarding the civil rights crisis being currently faced by the Egyptian Baha'is. A full report on the symposium can be seen in Arabic at this link, and in English at this link.

Below is a translation of this report prepared by one of the regular readers of this blog.

"The Government created the problem for the Baha'is...and it alone has to find a solution."

26/12/2006

The decision of the Supreme Administrative Court in mid December 2006 to over-rule the verdict issued in April of the same year by the first circle Administrative Court which had confirmed the right of the Baha'is to list their religion in official state papers and personal ID cards, raised many fears concerning freedom of belief and freedom of thought in the Egyptian society. This [fear] was reflected in the discussions that took place in a meeting held on December 24 with the title "The dilemma of the freedom of belief in Egypt...in relation to the ruling of the High Administrative Court in the Baha'i case."

Mu'taz Alfigairi, president of the Centre's programs said: "The ruling went beyond the freedom of belief, to [ruling] on the Baha'i system of belief," expressing that the reactions to this case, gives a good indication of the dilemma present in the current political and social atmosphere prevalent in Egypt.

Hisham Ahmad Saif-ul-Islam president of the Hisham Mubarak Center for Law, added that this ruling, and the general issue of the Baha'is have brought to the foreground, the discussion on freedom of belief in Egypt in general, pointing out that the Egyptian constitution protects such freedoms of belief and expression. Saif-ul-Islam continued by saying that the government alone has to find a solution to this problem which, by itself it has created after refusing to issue the Baha'is the legal papers necessary for identification, which are very necessary in their daily transactions, such as passports, and ID cards. He sees that the solution is to eliminate the space for religion from the ID card, or to go back to using the word "other" (other than Islam, Christianity or Judaism), pointing out that the present condition for the Baha'is puts them in a state of "Civil Death/Non Existence," for not being able to submit proof of their existence in official forms and records.

Hossam Bahgat, president of the Egyptian Initiative for Personal Rights [EIPR] sees that "the ruling of the High Administrative Court not to allow Baha'is to be identified as such in official documents, puts the government in a difficult position in regards to Baha'i citizens being unable to obtain birth certificates or ID cards or even death certificates," and considers that human rights organizations were late in getting involved in this case.

Bahgat added that the Baha'is were subjected in the Eighties and Nineties to very difficult conditions including arrests and imprisonments as well as media campaigns targeting even their morals. He emphasized that the latest ruling does not mean that the case is concluded, and that human rights organizations will continue to bring new cases and legal proceedings regarding the same issue, making sure to avoid earlier mistakes that might have occurred. Bahgat emphasized that Islamic law accords justice to the Baha'is as do books on Islamic jurisprudence, pointing out that those who defended the Baha'is have taken advantage of this argument before the court, however the court did not take it into consideration. He also pointed out that the ruling considered Islamic Law to be the basis for legislation as well as the basis for all moral values of society, thus presenting difficulties for all future cases that deal with freedom of belief.

He emphasized that for the society's majority not to have been granted all rights, does not present an excuse or justify taking away the rights of the minority, pointing out that the Islamic current [movement] did not have the Baha'i case on its agenda, but rather it was the ruling National Party that brought the case to the Parliament, and not the representatives of the Muslim Brotherhood.

Dr. Ahmad Rasim Al-Nafis, a university professor and Islamic thinker of the Shiite school of thought, addressed the issue of freedom of belief and human rights, and pointed out that there are intellectual "taboos" that some see as sacred while in reality they are points of argument and discussion that people have not agreed on as some might have imagined.

Al-Nafis pointed out that there are large communities of Muslims who live as minorities in other non-Islamic and non-Christian (i.e. not of "the Book") countries such as India, which brings up the question of how they can for example implement laws such as those for apostasy in these societies where they live. He said that it is incumbent upon Muslims to abide by the laws and keep their covenants and obligations, whether these are in the form of local laws or international treaties that their governments have agreed to, such as the agreements on freedom of belief and human rights, adding that, just like the west uses double standards, so do Islamic countries use double standards just as much.


Al-Nafis confirmed that there is not an established specific punishment for apostasy in the Qur'an, and that the Qur'anic verses just speak of God's punishment in the afterlife regarding it. He wondered why there is a tendency in the Islamic world for "being ready to jump at" wanting to punish and make an example of anyone who steps out the established system. He said that the war on Shi'ism and the Shiites enticed government officials and their helpers to establish a creed based on "iron and fire," cautioning that there are some now who are trying to establish a new class of sheikhs [clergy] who will become the "defenders of the belief." He emphasized that giving any segment in society the right to try others for their beliefs and thoughts rather than their mere adherence to the laws of the country, would constitute a catastrophe that should be opposed and stopped.

Dr. Basma Moussa–-an Egyptian Baha'i--and professor of dental medicine at Cairo University, addressed the root causes of the current situation facing the Baha'is. She traced it back to an attempt in 2004 by a Baha'i engineer [Hossam Ezzat] to obtain official documents for himself and his family after the civil authorities refused to register him as Baha'i, based on ruling numbered 49 in the year 2004 that stipulates recording one of the three religions--Islam, Christianity, or Judaism--in official documents, forcing the said engineer to file a lawsuit where he obtained a ruling by councilor [judge] Farooq Abdul-Qadir that he can document that he is a Baha'i in his personal ID card.

Hossam Ezzat's Old ID Card [CONFISCATED]

She emphasized that the media handled this in a negative way in more than 400 articles and news items in over 50 newspapers and magazines that used unusual methods of reporting while heaping numerous insults and calumnies on the Baha'is and their Faith.

Basma pointed out that the Baha'is are asking for their rights as citizens and were not trying to obtain a recognition of their religion. She said that there are Baha'i children as old as 14 years of age who have yet to obtain birth certificates, besides they have not been able to get the various immunizations required in children. She wondered how society could handle thousands of citizens walking in the streets without official documents as she also wondered if the United Nations would place this case on its agenda since it has declared the year 2007 to be the "Year of Rights."

In comments from the audience, Hamdi Abdul-Aziz director of the Suwayseiya Center Against Discrimination tied the case of the Baha'is to what he described as the "tyranny" that has corrupted religion and civil life together, saying that rights of citizens should be demanded for all and not only for minorities, pointing out that the majority also suffers from these abuses, just as the minority does. Ayman Akeel president of Na'eit Centre for Legal Studies called for organizing a campaign for the actual implementation of international treaties that Egypt is already a signatory to.

Amin Abul-Futooh Batah--a Baha'i--pointed out that the Baha'i religion has been in Egypt since 1864 and had centres and administrative bodies in about 17 cities in Egypt, clarifying that the Baha'i issue was presented in a bad light to the late President Gamal Abdel-Nasser, who in turn issued his decree to dissolve Baha'i Assemblies [Institutions]. Battah added: "We accept Islam, and its Prophet, and the Books of God and His Messengers, but we also believe that the Baha'i [Faith] is a new religion and that [Baha'u'llah] is the awaited Mahdi [Promised One], pointing out that Baha'is are not asking for recognition of their religion but rather are asking for their rights as citizens, who must be provided with official papers proving that they are indeed Egyptian citizens. Along the same line, a Baha'i lady talked about her son who is in his second year in college and does not have an ID card, and about her second son, who has passed the age of 14 years, who does not have a birth certificate yet.

14 comments:

  1. Bilo, I am almost wordless in appreciation for this posting. It is so rich in thoughtful gems worthy of examination or pointing out. First this whole long ordeal or process hopefully is drawing out and together the various groups with a spark of the light of truth. Of course the opposite is also true, but we all know ignorance has no phyiscal existence, it is education and light that have reality. These groups here are gathering their lights together, slowly slowly as this continues I believe it is wonderful (for me to observe from here in Japan).

    1st it is exactly right to get these "fears" out in the open for examination, for measurement, for solutions, for reassurance, and encouragement to continue on as we are all (even my unknown friends in the Muslim Brotherhood) strangers, poor creatures, transgressors, lowly ones seeking, hastening...

    Regarding Alfigairi-samma,
    Yes, the dilemma for Bahais is a way for all Egyptians to measure their own political and social rights.

    Regarding Saif ul-Islam-samma,
    As he points out, the government created this situation by itself without the interference or activity of outside forces, agents.

    Bahgat-samma mentions that civil rights organizations were late in getting involved. It would be helpful for them to examine within themselves why they were late and if that leads to any new perspective on the current situation in Egypt.

    Bahgat emphasized that Islamic law accords justice to the Baha'is as do books on Islamic jurisprudence,

    I really love that sentence and the last one too in that paragraph. They nicely show the situation the government is in with regards to the more extreme fundamentalist elements. This explains the mental contortions the poor (meaning no disrespect) Grand Mufti is in to try to both explain and justify his position. Personally I think he is leting his private opinion cloud his understanding of Islamic justice. He has to separate the two things, or he might get sick.

    Prof. Nafis hits on the heart of the matter as humans with opinions, fears, prejudices, ignorance try to follow procedures that mix justice and personal opinion. the existence of intellectual "taboos". They exist everywhere. We all grow up in environments where they flow through our lives, we breathe them in without thinking, until sometimes it is only by accident that we notice them. This is the role of artist to help us see them, I am thinking of a high school short story I read that the HISTORY teacher FORCED us to read (well he offered us a proposition that we couldn't refuse ;-) Why did he do that? well, he was/(is hopefully) a New York Jew who came down to Georgia to teach high school and our Southern taboos were high on his target list of things to shine a light on. I know you7re going to ask me the name of the story....I have it here, someplace....James Baldwin, was the author...

    To continue, the concept of apostasy. and the implimentation of that by Muslims in India, while surrounded by a people without "a Book" recognized in the Qur7an. A very challenging situation, which would seem impossible to reconcile.

    Thanks again Bilo!!!!
    Edo River rising

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  2. Dear Edo River,
    Obviously you were not wordless :-)

    It is interesting though that ALL human rights organizations inside and outside Egypt are in full support of the rights of the Bahá’ís. The government's response to that outrage remains to be seen. The Egyptian Union of Human Rights Organizations (EUHRO) is holding a very important symposium on January 11 regarding the same issue, to which the Bahá’ís were invited to make a formal presentation. The symposium is entitled "Freedom of Belief Between Shari'ah [Islamic jurisprudence] and Dostoor [constitution]."

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  3. I think all religions have some level of hypocrisy. usually depending on the level of devotion of the followers it grows to stupidity. Add political might to that and there you go .... you have a full blown anarchy.

    now in this specific situation i think Baha'is didn't follow one of their absurd teachings where they should always follow the law of their county and not fight the government. Ironically in this case had they followed they weren't in the mess they are right now. I don't know what is going to be immediate outcome of this situation in Egypt (court, government, mufti) however in the long, run this is going to be bad for the Bahia's.
    Now more and more fundamentalist Muslims know about their presence and teachings in Egypt as well as any other Muslim/Arab country. They are going to watch them closely, put pressure on them, ban their publications, close their schools and gatherings, monitor their donations (which in some cases goes to Haifa-Israel) , close their eyes when the extremists start bashing them and on and on...
    This is what happened in Iran. thus the biggest Iranian Baha'i community lives in united states not Iran. They leave Iran in hundreds under UN refugee programs every week if not day. And the government is more than happy to let the "infidels" go.
    That said of course any human being with right judgment is not going to blame Bah'a'is for being Baha'i. Obviously this is a human right issue. But come one who are we kidding. this is middle east that we are living in. this is the highest density of lunatics you can find in the whole universe.
    why would you not just live your low profile (not in a disrespectful way) lives like any other minority for the sake of staying alive. Why would you take a case to the court and let hell break loose in your own face.
    I don't get it.

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  4. Anonymous,

    1) Baha'is have been obedient to their government…they did not go out of their way to “fight” anyone…they are simply defending their basic human rights.
    2) If you truly familiarize yourself with this case before making such outrageous statements, you will find out that they were prevented from obtaining ID cards unless they lie on official documents and deny their religion. Their children cannot obtain birth certificates, and their marriages are not recognized. In the application for the ID card, it states: “that all details in this application are correct and real; I accept responsibility for consequences, with the full knowledge that providing any incorrect information in this application is considered forgery of official documents and is legally punishable according to the articles of the penal code.” A Baha’i teaching promoting obedience to the government is not “absurd” as you have stated, and you must know by now that this case has nothing to do with the law of obedience to the government. It is indeed “absurd” to mix these two issues up!
    3) What would anyone do if he or she is prevented from obtaining his or her basic civil rights? Should one roll over and let go, or should the person ask for his or her rights? You tell me the answer to that!
    4) Extremists and fundamental Muslims have known about the Baha’is much longer than you can imagine. All what you have said about “watch them closely,” “put pressure on them,” “ban their publications,” “close their schools and gatherings,” “monitor their donations,” etc… have been already going on for several decades, and at the worst form possible.
    5) Iran has done that as well for years, but you were incorrect when you said “thus the biggest Iranian Baha’i community lives in united states not Iran.” There are approximately 300,000 Baha’is in Iran right now—the ENTIRE United States Baha’i community is nowhere near that number.
    6) Egyptian Baha’is have been maintaining “low profile,” as you call it, since the establishment of that community in the late 1800s. They were not the ones who brought this on themselves…. You may read the statements made in this symposium by people that are not Baha’is who have clearly pointed out this fact.
    7) In your last statement, are you really telling the Baha’is, or anyone for that matter, that when faced with flagrant and gross injustice to just “shut up” and “ignore it?” I assume that you must know what happened to the Jews in Germany who could not speak up for the fear of being persecuted further!

    What you just said in your comment is quite frightening to hear, i.e. that there are people out there who continue to think that way after what we have already learned—repeatedly—from our own history. Are we supposed to ignore all that so we do “not to rock the boat,” or not irritate our persecutors?

    That would be the end of humanity as we know it…and I tell you, I am glad that there are still people out there that continue to defend human rights—without any fears, and without being intimidated by the injustice itself! Humanity should be proud of these people as they continue to serve it in their noble conquest.

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  5. "Baha'is have been obedient to their government…they did not go out of their way to “fight” anyone…they are simply defending their basic human rights"

    --unless there is a new definition of obedience i am totally lost here.
    Baha'is by their own teachings are suppose to accept what ever the law is. This is absurd and your hypocrisy starts right here. if you are not happy with the law as much as you want to defend yourself according to your own religion you shouldn't.
    I called this absurd because that's not what i do. i would have fought back right when they made such a law. That is exactly why i have a lot more respect for Bobies and not for Bahaies. Bahais want others to fight their war. Bobies fought back right on spot.
    I would not have suggested you to stay low if this wasn't in your own teachings. Many Baha'is who live in Egypt and other Muslim countries are not up to this new challenge. they don't want to fight and they have lived with what ever laws and injustice there is out there it for decades. Now all this publicity is going to put them in the hot seat and those who started it are responsible.

    "What would anyone do if he or she is prevented from obtaining his or her basic civil rights? Should one roll over and let go, or should the person ask for his or her rights? You tell me the answer to that!"

    --my answer: a clear minded person should fight back as strong as possible. But a religious Baha'i!... i don't know you tell me.

    "Extremists and fundamental Muslims have known about the Baha’is much longer than you can imagine"
    --I totally disagree. most people including Muslims still think Baha'is are a branch of Islam like Ismailis, Zaidis, Fatimids, Nizari etc. I also think they started as a sect and branched off a bit too far. which doesn't matter anyways because Baha'is don't consider themselves as such.

    "Iran has done that as well for years, but you were incorrect when you said “thus the biggest Baha’i community lives in united states not Iran.” There are approximately 300,000 Baha’is in Iran right now—the ENTIRE United States Baha’i community is nowhere near that number."
    --I was absolutely wrong on that. my bad. yet the point is they are leaving Iran in big numbers.

    "Egyptian Baha’is have been maintaining “low profile,” as you call it, since the establishment of that community in the late 1800s. They were not the ones who brought this on themselves"
    --To my knowledge the court case wakened the monster within Muslim fanatics

    "In your last statement, are you really telling the Baha’is, or anyone for that matter, that when faced with flagrant and gross injustice to just “shut up” and “ignore it?” I assume that you must know what happened to the Jews in Germany who could not speak up for the fear of being persecuted further"
    --This has already been answer. my principal is to fight back if you can. leave if you cant.
    and for your information Jews did fight back when they could.

    What you just said in your comment is quite frightening to hear,

    --The frightening fact is that religion is still playing such a big role in peoples mentality. Baha'is have teachings that forbids them from taking arms even when its necessary or to be obedient to the laws of the country when those laws don't make sense. Muslims think if someone is not a Muslim Christian or Jew that person is an infidel and has no rights.
    This narrow mindedness in you religious people is the frightening thing.

    ".... that there people out there who continue to think that way after what we have already learned—repeatedly—from our own history. Are we supposed to ignore all that so we do “not to rock the boat,” or not irritate our persecutors?"
    --mankind has hardly learned anything from history especially when it comes to politics and sociology.
    there are meaningless wars all around the world. hunger and disease are still killing people in thousands. most people live and die without ever seeing justice....
    so if you think mankind has learned from history you must be dreaming.

    I am glad that there are still people out there that continue to defend human rights—without any fears, and without being intimidated by the injustice itself! Humanity should be proud of these people as they continue to serve it in their noble conquest.
    --me too

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  6. The Contitution of Egypt provides for the freedom of religious practice--is it disobedience to the government to seek the enforcement of this constitutional provision?

    Can seeking one's basic human rights in an orderly and respectful manner through a government's judicial (or other) system be rightfuly deemed disobedience to one's government?

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  7. Anonymous-1,

    In response to your comments, I said what needed to be said, and I disagree with your points.

    Also, your words clearly illustrate what the Baha'is have been facing...thank you for doing so.

    BTW, what do you mean by "Bobies?"

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  8. "In response to your comments, I said what needed to be said, and I disagree with your points."
    --Thank YOU for all the effort! you put in replying to my post.

    Also, your words clearly illustrate what the Baha'is have been facing...thank you for doing so.
    -- Maybe Bahai's should face themselves first!

    BTW, what do you mean by "Bobies?"
    --Since you are so much into "learning from history" I though you might know your own religion's history. In case you are not a Bahai then again this is not a place for me to teach you about Babis. why do you ask something from someone you don't agree with!!?.
    For a start "google" it.

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  9. Anonymous-1,

    You mean the Bab'is? Thank you for your kind clarification.

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  10. Anonymous-2,

    Thank you for pointing this out.

    Regarding your first question:
    "The Constitution of Egypt provides for the freedom of religious practice--is it disobedience to the government to seek the enforcement of this constitutional provision?"

    - Exercising one's constitutional rights is definitely not disobedience to the government...one must also note that the Baha'i sacred writings instruct its followers to obey "their just government."

    Regarding your second question:
    "Can seeking one's basic human rights in an orderly and respectful manner through a government's judicial (or other) system be rightfully deemed disobedience to one's government?"

    - Again, this is not disobedience, and in fact, it is the duty of any citizen to uphold the laws laid down in the constitution of one's country--this IS obedience to the laws of the land....

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  11. It is clear that the misrepresentations by the Iranian and Egyptian press of the Baha'i Faith have misled many people in the Middle East. Many believe they are adequately informed about the Baha'i Faith when in fact their knowledge is distorted. Thanks, Bilo, for this blog as it has enlightened many people about the true teachings of the Baha'i Faith, and its noble objectives. The hardships the Egyptian Baha'is face were visited upon them since 1960 for nothing they have done. They obeyed the laws but at the same time mounted a constitutional challenge. The result was that in the 1980s all charges against them since 1965 were dropped.

    The current injustices will inevitably be corrected. The challenge is that the Egyptian Baha'is have suffered for so long, and this new situation with the ID visits upon them many untold hardships. Every fair-minded person can provide moral support to the Baha'is, not so much because of their lofty teachings and high principles, but because they must obtain the same civil rights accorded to any Egyptian born citizen.

    May the light of knowledge spread and justice prevail. The lack of knowledge, or ignorance, brings about prejudice and injustice. The role of the Baha'is is to continuously develop an attitude of learning and share their learning with others.

    I am grateful for the information, learning, and knowledge that is shared on this blog.

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  12. Nabil,
    Thank you for putting these historical facts regarding the struggle of the Egyptian Baha’is in context. With humility and detachment, the noble souls are able to adopt the culture and attitude of learning so necessary to an ever-changing civilization.

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  14. The purpose of these references is to establish the fact that the religions of God are the true source of the spiritual and material perfections of man, and the fountainhead for all mankind of enlightenment and beneficial knowledge. If one observes the matter justly it will be found that all the laws of politics are contained in these few and holy words:

    "And they enjoin what is just, and forbid what is unjust, and speed on in good works. These are of the righteous."[1] And again: "that there may be among you a people who invite to the good, and enjoin the just, and forbid the wrong.
    These are they with whom it shall be well."[2] And further: "Verily, God enjoineth justice and the doing of good ... and He forbiddeth wickedness and oppression. He warneth you that haply ye may be mindful."[3] And yet again, of the civilizing of human behavior: "Make due allowances; and enjoin what is just, and withdraw from the ignorant."[4] And likewise: "...who master their anger, and forgive others! God loveth the doers of good."[5] And again: "There is no righteousness in turning your faces toward the East or the West, but he is righteous who believeth in God, and the last day, and the angels, and the Scriptures, and the Prophets; who for the love of God disburseth his wealth to his kindred, and to orphans, and the needy and the wayfarer, and those who ask, and for ransom; who observeth prayer, and payeth the legal alms, and who is of those who perform their covenant when they have covenanted, and are patient under ills and hardships, and in time of trouble: these are they who are just, and these are they who fear the Lord."[6] And yet further: "They prefer them before themselves, though poverty be their own lot."[7] See how these few sacred verses encompass the highest levels and innermost meanings of civilization and embody all the excellencies of human character.

    By the Lord God, and there is no God but He, even the minutest details of civilized life derive from the grace of the Prophets of God. What thing of value to mankind has ever come into being which was not first set forth either directly or by implication in the Holy Scriptures?

    [1 Qur'án 3:110.]
    [2 Qur'án 3:100.]
    [3 Qur'án 16:92.]
    [4 Qur'án 7:198.]
    [5 Qur'án 3:128.]
    [6 Qur'án 2:172.]
    [7 Qur'án 59:9.]

    From "The Secret of Divine Civilization", Abdu'l-Baha, pp: 95-96

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