Egyptian court removes barriers to
ID documents for Baha'is
Geneva
1 6 March 2009 — A court in Egypt today removed any
grounds for preventing Baha'is from receiving proper
official identity documents, clearing the way for an end
to years of deprivation for Egyptian Baha'is - and
opening the door to a new level of respect for religious
privacy in Egypt.
The Supreme
Administrative Court dismissed an appeal by two Muslim
lawyers that sought to prevent implementation of a lower
court ruling last year that said Baha'is can leave blank
the religious classification field on official
documents, including all-important identity cards and
birth certificates.
"We
are pleased that the court has finally put this matter
to rest, removing any possible excuse that would prevent
the government from issuing official documents to
Egyptian Baha'is," said Bani Dugal, the principal
representative of the Baha'i International Community to
the United Nations.
"Our
expectation now is that the government will move swiftly
to bring this ruling into practice and, at long last,
grant Baha'is the essential right that all citizens have
of possessing proper documents."
Hossam
Bahgat, director of the Egyptian Initiative for Personal
Rights (EIPR), said the ruling actually goes far beyond
the issue of rights for Egyptian Baha'is.
"This
is the first time that the Supreme Administrative Court
has found that any Egyptian has the right to keep their
religious convictions private, even if the state does
not recognize their belief system," said Mr. Bahgat,
whose organization handled legal representation for
Baha'is in court.
"The
final ruling is a major victory for all Egyptians
fighting for a state where all citizens enjoy equal
rights regardless of their religion or belief," he
said.
Mr. Bahgat
said that because the Supreme Administrative Court is
the highest court on such matters, there can be no
further appeal to this case - and that, therefore, there
should be no delay in the government's implementation of
the new policy.
"The
government policy that justified mistreatment of
Egyptian Baha'is has now been firmly and finally struck
down," he said.
For nearly
five years, since the government began introducing a
computerized identity card system that locked out all
religious classifications except Islam, Christianity,
and Judaism, Baha'is have been unable to get documents
essential to day-to-day life. Among other things, they
have been blocked from obtaining education, financial
services, and even health care in government hospitals.
In April
2006, a lower administrative court upheld the right of
Baha'is to be explicitly identified on official
documents. But in December that year, the Supreme
Administrative Court reversed that decision.
In a
compromise, Baha'is proposed using a dash or the word
"other" on documents, instead of being forced
to list themselves as Muslim, Christian, or Jewish, and,
on 29 January 2008, a lower court again ruled in their
favor. But then two Muslim lawyers, who oppose anything
that might be seen as even tacit recognition of the
Baha'i Faith, filed an appeal.
In
response, government officials took a "go
slow" attitude on implementing the lower court
ruling, saying they wanted to wait until all legal
issues were cleared up.
The ruling
today came in the case of 14-year-old twins Imad and
Nancy Rauf Hindi who have been deprived of birth
certificates and were unable to legally attend school in
Egypt.
In recent
weeks, several other cases involving Baha'is have been
likewise resolved in their favor. But the Rauf Hindi
twins' case was the final case to be settled.