If you don’t have a COVID vaccination certificate, could you be banned from restaurants, shops and theatres?


Maria O’Sullivan, Monash UniversityVaccine passports are an increasingly likely proposition in Australia. Last week, national cabinet “welcomed” a new COVID-19 digital vaccination certificate, which will be made available through the Medicare app or myGov.

This week, government services minister Linda Reynolds confirmed Australians who have had two doses would be able to access a certificate. Australians are already able to see their immunisation history online. But the new certificate will only show COVID vaccination status, so it could easily be turned into a “passport”.

Countries all over the world are currently developing digital vaccination passports to facilitate international travel.

In Australia, we are also discussing whether they can be used to open up interstate movement (which will depend on the agreement of state and territory authorities).

However, there is also a legal question as to whether these vaccination certificates can be used for other purposes.

Could businesses ask to see the passport to prevent unvaccinated people from entering restaurants, shops, theatres and other venues? If so, what issues would this raise?

What are vaccine passports?

Vaccine passports are certificates that show the holder has been immunised against COVID-19. Currently they are being developed primarily for travel. For instance, the European Union is set to make available its COVID vaccination passport for all EU citizens and residents by July 1.

EU residents will get vaccination passports next month.
Vojtech Vlk/AP

The certificate is designed to allow freedom of movement within the EU by allowing holders to avoid internal travel restrictions, such as entry bans and quarantine obligations.

Every certificate will contain a unique QR code which will allow verification of its authenticity, the digital signature and the vaccination details (the name of the vaccine and manufacturer, number of doses administered and the date(s) of vaccination).

A passport to dine out?

In addition to travel, other countries have taken a further step and started using vaccination certificates for internal purposes, such as entry into restaurants and events.

For instance, Israel started a “green pass” system earlier this year, which allowed vaccinated people access to theatres, concert halls, indoor restaurants and bars.

People would show the “green pass” on an app to gain entry to places. The app could also display proof someone had recovered from COVID-19.

With most adults in Israel now vaccinated, the government retired the pass last week.

But before this, the pass raised privacy concerns. For instance, Orr Dunkelman, a Privacy Israel board member, argued the certificate revealed information that was not necessary for others to know, such as the date a person recovered from COVID or received the vaccine.

Legal considerations for Australia

The first legal point to note is that vaccinations (and certifications of vaccine status) are seen as facilitating the right to health. Widespread vaccination and the use of vaccination passports are viewed as necessary to protect the community from COVID.

Related to this is the argument that vaccination passports will permit greater freedom of movement — which is a recognised human right.




Read more:
A COVID ‘vaccine passport’ may further disadvantage refugees and asylum seekers


However, there are two main legal concerns with using a COVID certificate to regulate entry into events, restaurants and other businesses.

First, both governments and corporations need to abide by anti-discrimination laws. There will be a relatively small group of people who are unable to have the vaccination for medical reasons. A business that excludes such a person could risk breaching these laws.

The government must therefore consider how to reflect valid exemptions in the COVID certificate. One way to deal with some of the discrimination concerns would be to give unvaccinated individuals with a medical exemption an “unvaccinated with exemption”-type certificate.

What if you don’t want to get vaccinated?

The more difficult question is whether this would be lawful for those who simply do not want to get the vaccination. As I have argued previously,
there is no recognised right to conscientious objection to vaccinations under Australian law. Therefore, it may be lawful for businesses to refuse entry to such persons who do not have a COVID certificate.

More generally, however, it would not be lawful for businesses selling essential goods (such as Coles and Woolworths) to refuse entry to unvaccinated persons (whether or not they have a valid exemption). This is due to the fact this would deny persons access to basic food items.

Privacy and equity issues

The use of a digital certificate or app also raises privacy issues. This system will create a significant new store of data of potentially sensitive personal information. This is of particular concern if it is linked to other information on the myGov plaftorm or contains additional data to that of vaccination status.

Finally, government and businesses need to be aware of the equity issues surrounding both the vaccine rollout and any associated certification scheme. In my opinion, enforcement of vaccination passports could not occur before everyone in Australia has been given the opportunity to have the COVID vaccination.The Conversation

Maria O’Sullivan, Senior Lecturer, Faculty of Law, and Deputy Director, Castan Centre for Human Rights Law, Monash University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Egyptian Court Refuses to Return Passport to Christian


Convert from Islam tried to leave country to save his life.

ISTANBUL, March 15 (CDN) — An Egyptian court last week refused to return the passport of a convert from Islam who tried to leave Egypt to save his life, the Christian said on Friday (March 12).

On Tuesday (March 9) the Egyptian State Council Court in Giza, an administrative court, refused to return the passport of Maher Ahmad El-Mo’otahssem Bellah El-Gohary. El-Gohary said he was devastated by the decision, which essentially guarantees him several more months of living in fear.

“I am very, very disappointed and very unhappy about what happened,” he said, “because I am being threatened – my life is being threatened, my daughter’s life is being threatened very frequently, and I don’t feel safe at all in Egypt.”

Nabil Ghobreyal, El-Gohary’s attorney, told Compass the government declined to give the court any reason for its actions.

“There was no response as to why his passport was taken,” Ghobreyal said.

On Sept. 17, 2009, authorities at Cairo International Airport seized El-Gohary’s passport. El-Gohary, 57, also known as Peter Athanasius, was trying to leave the country to visit China. Eventually he intended to travel to the United States. At the time, El-Gohary was told only that his travel had been barred by “higher authority.”

El-Gohary, who converted to Christianity from Islam more than 30 years ago, gained notoriety in Egypt in February 2009, when he filed a court application to have the religion on his identification card changed from Muslim to Christian. El-Gohary’s action caused widespread uproar among conservative Muslims in Egypt. He was branded an “apostate” and multiple fatwas, or religious edicts were issued against him. In accordance with some interpretations of the Quran, some Muslims believe El-Gohary should be killed for leaving Islam.

Since filing his application, El-Gohary has lived in fear and has been in hiding with his 15-year-old daughter. Every month, he said, they move from apartment to apartment. He is unable to work, and his daughter, also a Christian, is unable to attend school.

Their days are filled with anxiety, fear and boredom.

“We are very fearful,” El-Gohary said. “We are hiding between four walls all day long.”

El-Gohary went through extraordinary efforts to get the documentation the court demanded for him to officially change his religion, including getting a certificate of conversion from a Coptic Christian religious group. The certificate, which was the first time a Christian church in Egypt recognized a convert from Islam, also caused an uproar.

But ultimately, in June the court denied his application. He was the second person in Egypt to apply to have his religion officially changed from Islam to Christianity. The other applicant was denied as well. El-Gohary has not exhausted his appeals and may file legal proceedings with an international legal body. He has another hearing with the administrative court on June 29.

“I don’t understand what I have done wrong,” El-Gohary said. “I went though the normal legal channels. I thought I was an Egyptian citizen and I would be treated as such by the Egyptian law. I went through the front doors of the legal system, not the back doors, and for that I am being threatened, chased, and I live in continuous fear.”

The National Constitution of Egypt guarantees freedom of religion unless it contradicts set practices in sharia, or Islamic law. While it is easy to change one’s religious identity from Christian to Muslim, it is impossible to do the opposite.

El-Gohary’s case was mentioned by name in a human rights report issued Thursday (March 11) by the U.S. Department of State. El-Gohary said he was pleased that his case was in the report. He said he believes it is his duty to open new doors for his fellow converts in Egypt.

“This is something I have to do,” he said. “It is a duty. I have become a symbol for Christians in Egypt.”

El-Gohary said he hopes U.S. President Barack Obama, other world leaders and international groups will pressure the Egyptian government to allow him to leave the country.

In spite of his ordeal, El-Gohary said faith is still strong and that he doesn’t regret becoming a Christian.

“I don’t regret it at all,” he continued, excitedly. “This is the narrow road that Christians have to go through and suffer to reach eternal life. I have no regrets whatsoever. We are very grateful to know Christ, and we know He’s the way.”

Report from Compass Direct News 

Muslim Mob in Pakistan Wounds Christian Family


Assailants threaten to charge mentally ill son with ‘blasphemy’ if victims pursue justice.

ISLAMABAD, Pakistan, January 4 (CDN) — Infuriated by an alleged anti-Islamic comment by a mentally ill man, more than a dozen Muslims attacked his Christian family here last week, beating his 20-year-old sister unconscious and breaking her leg.

The woman’s father, Aleem Mansoor, said his daughter Elishba Aleem went unconscious after being struck in the head with an iron rod in the Dec. 28 attack. Mansoor said a Muslim known as Mogal beat him and his daughter with the rod on the street in front of their apartment home after falsely accusing his 32-year old son, who suffers from schizophrenia, of blasphemy.

“Elishba shouted, ‘Father look! He is going to hit you,’ and she came somewhat in front and the rod hit her head,” Mansoor told Compass. “She touched her head, and her hand was covered with blood.”

After she fell unconscious, the assailants began striking her on her legs and back, Mansoor said.

“As soon as the mob realized that Elishba was totally unconscious, they shouted that the girl was dead and fled from the scene,” he said.

Elishba Aleem had rushed down from the family’s third-floor apartment in Iqbal Town, Islamabad and was attacked when she pleaded for the mob to stop beating her father, who received five stitches for a hand wound. With iron rods and cricket bats, the mob also injured Mansoor’s wife Aqsa and his sister-in-law Aileen George. Another of Mansoor’s sons, 24-year-old Shazir Aleem, saw the assault from the apartment and also was beaten when he hurried down.

“When Shazir’s wife Sanna saw that her husband was being beaten, she rushed down with [infant daughter] Hanna in her arms and pleaded with them, ‘Why are you beating my husband?’” Mansoor said. “Someone in the mob snatched Hanna from Sanna and threw her on the ground, and then those beasts began beating Sanna as well.”

The baby girl escaped serious injury.

Initially the assailants had attacked Mansoor as he tried to leave home with his son Shumail Aleem, whom he intended to take to police to clear up accusations by shopkeeper Muhammad Naveed that he had spoken ill of Islam.

As Mansoor reached his car, however, about a dozen men with cricket bats and metal rods got out of a parked Suzuki van and surrounded them, he said, and within 10 minutes more than 100 angry Muslims had joined Naveed, his other brothers and his father, Mogal.

“Naveed shouted, ‘Why are you people looking at these choohras [derogatory term for Christians]? Catch them and kill them,’” Mansoor said. “My wife Aqsa and sister-in-law Aileen George threw their doppatas [Indian head coverings] at Naveed’s and others’ feet to humbly request that they not attack us, but they refused to listen. They began beating all of us with rods and cricket bats.”

Area Muslims resent that the family has a car and is well-off, Mansoor said.

“They say Christians should be suppressed and kept under a tight control,” he said. “They think Christians should salute them when they pass by them.”

His son Shumail has been under medical treatment for schizophrenia for more than five years, he said, and because of his condition he does not work.

“As long as Shumail takes medicine, there is no one nicer than him on the earth, but if he is not taking the medicine then he is the worst creature,” Mansoor said.

Mansoor’s daughter, a first-year college student, received treatment at the Pakistan Institute of Medical Sciences (PIMS) and eventually regained consciousness, though she remains in intense pain. Mansoor said members of the Muslim mob ensured that she did not receive a medical-legal certificate documenting her condition. 

When Mansoor told Naveed and others that he would take them to court over the attack, his Muslim adversaries said he would fail because they had paid PIMS officials 50,000 rupees (US$600) to withhold the medical report on his daughter’s injuries. He said they also told him that they had paid off officers at the Shehzad Town Police Station to pressure the family to drop the case with an out-of-court settlement.

“The assistant sub-inspector, Ghulam Gilani, of Shehzad Town Police Station, called my wife and told her that if the family pursued the case of assault on us, then we would be implicated in the blasphemy case, which would have serious consequences for us,” Mansoor said.

Gilani and hospital officials were not immediately available for comment.

‘Blasphemy’ Accusation

The comment said to have triggered the violence was uttered at a nearby general store, where Shumail Aleem had gone to buy cigarettes at about 8:30 p.m. on Dec. 28.

Dec. 28 was Islam’s 10th of Muharram, or Yom-e-Ashura, when Shiite Muslims mourn the death of Hussein ibn Ali, grandson of the Islamic Prophet Muhammad. Pakistan’s population is made up primarily of Sunni Muslims, who also honor the day on the claim that Moses fasted on that day to express gratitude to God for freeing the Israelites from Egypt.

At the store an elderly Christian man known as Baba Sadiq asked Shumail Aleem why movie channels were not being shown on the store’s cable-fed TV.

“Shumail told him, ‘Are Muslims out of their minds? Why would they show movie channels on Ashura?’” Mansoor said.

The comment apparently supported Naveed’s decision to refrain from showing films on the Muslim holy day, but the shopkeeper began beating Shumail Aleem, demanding to know why he had profaned Hussein’s name, Mansoor said.

Two weeks prior, Mansoor said, Naveed and his brothers had beaten a Christian boy so severely that when he bled a piece of flesh issued from his nostrils.

“Shumail had seen this all, and had protested with Naveed over this, and when he came home he was very upset over the beating and repeatedly asked his mother to go and ask Naveed about it,” Mansoor said. “We think that Naveed bore a grudge because of Shumail’s inquiry and protest about that beating of a Christian.”

Mansoor said that after Naveed severely beat him, Shumail Aleem returned when the rest of the family was not at home, as several had taken Mansoor’s 3-month-old granddaughter Hanna to the doctor. When they returned at 9:45 p.m., Mansoor said, he found several things in the house “thrown around or broken.”

A neighbor told them that police and about two dozen men had come searching for Shumail Aleem – who had hid in an upper storeroom – because Naveed had accused him of blasphemy. 

“We went to Naveed, who was at his shop, and inquired what had happened,” Mansoor said. “He told us that Shumail had tried to steal several things from the store and also damaged several things, and worst of all that he profaned Imam Hussein. My wife told Naveed that he knew that Shumail was mentally ill so he should have waited for us, and that we would have paid the damage, but that there was no need to go to the police.”

Naveed told them that whether their son was mentally ill did not matter, that he had filed a police report – which later proved to be untrue – and that they would search relentlessly for Shumail Aleem, Mansoor said.

The mob stopped pursuing members of Mansoor’s family only after the intervention of Pakistan People’s Party politician Malik Amir, he said, but neither police nor the hospital has cooperated with him in legal matters. An influential Muslim in the area, Raja Aftaab, is also urging the family to settle out of court, he added.

“My stance is that the entire mob that attacked us should come to our house and apologize in front of all the neighbors, and then I will start negotiations with them,” he said.

Report from Compass Direct News 

Chinese Pastor Sentenced to 15 Years in Prison


Harsh punishment for house church leader based on apparently far-fetched charge.

LOS ANGELES, December 8 (CDN) — Chinese authorities have quietly sentenced Uyghur Christian Alimjan Yimit (Alimujiang Yimiti in Chinese) to 15 years in prison on the apparently contrived charge of “providing state secrets to overseas organizations,” according to China Aid Association (CAA).

The charge against the 36-year-old house church leader, held for more than two years at Kashgar Detention Center in China’s troubled Xinjiang region, was apparently based on interviews he granted to media outside of China, according to his lawyer, Li Dunyong.

“The 15-year sentence is far more severe than I originally expected,” Li said in a CAA press statement released yesterday. “It is the maximum penalty for this charge of ‘divulging state secrets,’ which requires Alimujiang’s actions to be defined as having ‘caused irreparable national grave damage.’”

CAA President Bob Fu said Alimjan’s sentence was the most severe for a house church leader in nearly a decade.

“The whole world should be appalled at this injustice against innocent Christian leader Alimujiang,” Fu said in the CAA statement. “We call upon the U.N. and people of conscience throughout the world to strongly protest to the Chinese government for this severe case of religious persecution.”

CAA reported that officials had read the verdict to Alimjan while he was incarcerated on Oct. 27. Li confirmed to CAA that he had filed an appeal.

Initially the Bureau of State Security of Kashgar detained Alimjan on “suspicions of harming national security” on Jan. 11, 2008, according to CAA. As such charges are generally leveled against those considered to be an enemy of the state, Alimjan’s family feared he would be subjected to capital punishment. Local sources have said that Alimjan, a convert from Islam in an area teeming with separatist tensions, loves and supports the Chinese government.

“As a loyal Chinese citizen and business entrepreneur, Alimujiang has held to high standards, paying his taxes faithfully and avoiding a common local custom of paying bribes for business favors,” Fu said in a previous CAA statement. “He has also done his best to assimilate into Chinese culture, making the unusual decision to send his children to a Chinese language school in a predominantly Uyghur area.”

Friends of Alimjan have said he simply wanted the freedom to quietly express his faith, a right guaranteed to him in the Chinese constitution, according to CAA. Not only is it illegal for him to own a Uyghur Bible, according to the advocacy organization, but he is also prohibited from attending services at the government-controlled Three Self Church in the area because the Xinjiang constitution contradicts China’s constitution. He is also prohibited from praying with foreign Christians.

On Feb. 20, 2008 the initial charges against him were changed to “inciting secession” and leaking state secrets. Court officials returned Alimjan’s case to state prosecutors in May 2008, citing lack of evidence.

This year he was secretly tried again on July 28, only on the second charge. Previously, attorney Li had petitioned for and been granted permission to meet with his client on April 21. Witnesses had seen police and a prison doctor escorting Alimjan to hospital on March 30, and Compass sources said Alimjan had been beaten in prison, although it was not clear who beat him or why.

When Li questioned him, Alimjan indicated that he was not allowed to speak about his health.

The United Nations Working Group on Arbitrary Detention ruled his arrest and detention to be arbitrary and in violation of international law.

“The whole case is about religious faith issues, which are being used against Alimujiang for his conversion from Islam to Christianity by biased law enforcement agents, prosecutors and the court,” said attorney Li. “The key for this case was the flawed ‘Certificate for the Evidence.’ In both form and content, the certificate was questionable. It even had no signature by the verifier at the bureau, which violates Chinese law.”

Sources said there appears to be a concerted effort to shut down the leadership of the Uyghur church in a restive region where authorities fear anything they cannot control. The region of ethnic Uyghurs has come under a government crackdown the past two years as long-simmering tensions erupted.

Disputes over ownership of Xinjiang’s land and rich mineral resources have led to resentment between Uyghurs – native to Xinjiang – and Han Chinese. Religious differences are also an issue, with a vast majority of Uyghurs practicing Islam, while most Chinese are officially atheists or follow Buddhism or syncretistic folk religions. Only a handful of China’s estimated 10 million Uyghurs are known to be Christians.

Report from Compass Direct News 

Court Impedes Effort to Rescue Kidnapped Girl in Bangladesh


Muslim men abduct Christian eighth-grader, force her to convert and marry.

DHAKA, Bangladesh, November 3 (CDN) — A bail order in Bangladesh has impeded police from rescuing a young Christian girl who was abducted and forced to convert to Islam and marry one of her kidnappers, according to police.

Four Muslim men abducted eighth-grade student Silvia Merry Sarker on July 30 as she made her way home from school in west Sujankathi village, under Agoiljhara police jurisdiction, in Barisal district in southern Bangladesh, according to her father, Julian Sarker.

Sarker filed a case under the Women and Children Repression Act against Al-Amin Faria, 24, Shamim Faria, 22, Sahadat Faria, 20, and Sattar Faria, 50.

“My daughter was abducted by Faria with the help of his cousins and other relatives,” said Sarker.

Sarker filed a First Information Report (FIR) charging that the men abducted his daughter initially to “indulge Al-Amin Faria’s evil desire.” Later she was forced to convert to Islam and marry Al-Amin Faria, which Sarker said was part of an attempt to take over his land and property.

Local police inspector Ashok Kumar Nandi told Compass that police were continuing efforts to arrest the kidnappers but had yet to find them, as the unusually early bail order had blocked their efforts.

“There are four names as prime suspects in the case,” Nandi said. “We arrested three of them, but the court released them on bail. If the court had given them to us on remand, we might have found the girl, or at least we would get much information to rescue the girl.”

Generally suspects in cases under the Women and Children Repression Act are not granted bail so early for the sake of investigations, Nandi said.

“We do not know why they were released on bail,” he said. “Those released persons are moving freely in the village. We cannot arrest them again without an order.”

Attorney Rabindra Ghosh, president of Bangladesh Minority Watch and an activist for Dutch human rights organization Global Human Rights Defense, told Compass that the granting of bail to the suspects also poses threats to the victim’s family.

“They are threatening the victim’s family to withdraw the case,” said Ghosh. “Release of the abductors on bail so early is a travesty – the abductors got impunity due to the early bail order. For the sake of the girl’s rescue, the court could have sent the arrestees to police on remand to find more information about their hideout.”

Gnosh concurred that an accused person under the Women and Children Repression Act case does not get bail so early without first getting necessary information from them.

False Document

A few days after the kidnapping, Sarker said, the abductors provided Nimchandra Bepari, a Hindu neighbor, an affidavit claiming that Sarker’s daughter was 19 years old. Bepari gave the affidavit to the local police inspector. The kidnappers also contacted sub-district chairman Mortuza Khan.

“My daughter is 13 years old, but the abductors made an affidavit of her age showing 19 years old,” Sarker said.

The headmaster of Agoiljhara Shrimoti Matrimangal Girls High School, where the girl is a student, issued a certificate denoting that Silvia Merry Sarker is even younger than 13 – born on Dec. 24, 1997, which would mean she is not yet 12 years old.

The fabricated affidavit provided by the kidnappers states that she accepted Islam and has married, said Sarker.

“I am shocked how a minor girl is shown as an adult in the affidavit,” Ghosh said. “It is illegal, and there should be proper action against this kind of illegal activity.”

Al-Amin Faria had tried to get the girl’s two older sisters to marry him, but their early marriages saved them from falling prey to him, Sarker said.

“I married off my two elder daughters at an early age immediately after finishing their schooling,” said Sarker.

Before they married, Sarker said he felt helpless to keep Faria and his family from accosting and harassing his other daughters.

“I could not take any legal action against them since we are the only Christian family here,” he said. “I tolerated everything. I did not inform it to police or they would get infuriated.”

When Faria “targeted” his second daughter for marriage, Sarker informed the headmaster of the school and its managing committee, and they warned the Muslim not to disturb the family, Sarker said. Nevertheless, he said, he felt he couldn’t send his older daughters to school because he feared Faria would harm them.

“The relation of us with those Muslim neighbors is ‘predator-and-prey,’” he said. “I saved my other family members from his lechery, but I could not save my youngest daughter.”

Sarker said he felt alone and helpless as a Christian minority but that he doesn’t understand how the entire justice system also can be so helpless.

“Why and how can the court, law enforcement agencies, police, administration, society and the country be helpless against him? Why can’t they rescue my daughter?” he said.

Dilip Gabriel Bepari, an activist for Bangladesh Minority Watch, told Compass that the group had informed national and international officials in seeking help to find the girl.

“We informed it to various ministers, political leaders and police high officials,” Bepari said. “We also informed it to the Vatican ambassador in Bangladesh. Unfortunately, the girl is still missing.”

Archbishop Paulinus Costa of Bangladesh said the Catholic Church’s impassioned plea to the government is to rescue her as soon as possible and bring the kidnappers to justice.

“It is unfortunate that the girl is not rescued yet in three months,” Costa said. “There must be negligence and indifference to the Christians from the government, otherwise the girl would be rescued.”

The U.S. Commission on International Religious Freedom (USCIRF) this year removed Bangladesh from its “Watch List” of countries requiring close monitoring of religious freedom violations, but it urged the new Awami League administration to strengthen protections for all Bangladeshis.

USCIRF also indicates that it hopes the government of Bangladesh will investigate and prosecute perpetrators of violent acts against members of minority religious communities.

Report from Compass Direct News 

ISRAEL: MESSIANIC JEW WINS SUPREME COURT BATTLE


Bakery owner had lost her Jewish dietary law certificate because of her faith.

JERUSALEM , July 15 (Compass Direct News) – For three long years a Jewish believer in Christ struggled to keep her bakery business alive after the Chief Rabbinate of Israel, the country’s highest religious governing body, annulled her kashrut (Jewish dietary law) certificate because of her faith.

Pnina Conforti, 51, finally gave a sigh of relief when the Israeli Supreme Court on June 29 ruled that her belief in Jesus Christ was unrelated to her eligibility for a kashrut certificate. While bakeries and restaurants in Israel are not required to obtain such a permit, the loss of one often slows the flow of customers who observe Jewish dietary laws and eventually can destroy a business.

Conforti said that the last three years were very difficult for her and her family, as she lost nearly 70 percent of her customers.

“We barely survived, but now it’s all behind us,” she said. “Apparently, many people supported us, and were happy with the verdict. Enough is enough.”

Conforti, who describes herself as a Messianic Jew, had built her Pnina Pie bakeries in Gan Yavne and Ashdod from scratch. She said her nightmare began in 2002 with an article about her in “Kivun,” a magazine for Messianic Jews in Israel.

“Soon after, the people of the Rabbinate summoned me and told me that my kashrut certificate was annulled because I do not profess Judaism,” she said.

Food prepared in accordance with kashrut guidelines is termed kosher, from the Hebrew kasher, or “fit,” and includes prohibition of cooking and consuming meat and diary products together, keeping different sets of dishes for those products, and slaughtering animals according to certain rules. News of the faith of the owner of the Pnina Pie bakery in Gan Yavne spread quickly, soon reaching extremist organizations such as Yad le’Achim, a sometimes violent Orthodox Jewish group.

“They spread around a pamphlet with my photo, warning people away from acquiring products from my business,” Conforti said. “One such a pamphlet was hung in a synagogue. However, I refused to surrender to them and continued working as usual.”

Four years later, in 2006, Conforti decided to open another patisserie in Ashdod, near her original shop in Gan Yavne, in southern Israel. The business flourished, but success didn’t last long.

“A customer of mine, an Orthodox Jew from Ashdod, visited his friends and relatives in Gan Yavne,” she said. “There in the synagogue he came across a pamphlet from 2002 with my photo on it. In addition to boycott calls, I was also described as a missionary. My customer confronted me, and I honestly told him I was a believer.”

Soon thereafter the Rabbinate of Ashdod withdrew the kashrut certificate from her shop there, she said.

“Pamphlets in Hebrew, English and French about me begun circulating around the town,” Conforti said. “They even printed some in Russian, since they saw that the customers of Russian origin continue to arrive.”

The withdrawal of the certificate from the shop in Ashdod in 2006 was a serious blow to her business. Conforti decided to take action, and her lawyer appealed to Israel’s Supreme Court. Judges Yoram Denziger, Salim Jubran and Eliezer Rivlin ruled that the Chief Rabbinate of Israel overstepped its authority.

“The Kashrut Law states clearly that only legal deliberations directly related to what makes the food kosher are relevant, not wider concerns unrelated to food preparation,” the panel of judges wrote.

In response, the Chief Rabbinate accused the judges of meddling in religious affairs.

Soon after she petitioned the Supreme Court, Conforti said, the Chief Rabbinate had offered her a deal by which it would issue her business a kashrut certificate but with certain restrictions, such as handing the keys of the bakery to a kashrut supervisor at night. Conforti declined.

Tzvi Sedan, editor-in-chief of “Kivun,” said the Supreme Court verdict was paramount.

“It’s important not only for Messianic Jews, but also for every other business owner who has to suffer from the arbitrariness of the Rabbinate,” Sedan said. “But I still want to see this decision implemented fully in reality.”

At press time Conforti still hadn’t received the certificate. She was waiting for a team of inspectors from the Rabbinate to inspect the business prior to issuing her the certificate.

A Jew of Yemenite origin, Conforti said she was raised in religious family but came to trust in Christ following her encounter with a Christian family during a visit to the United States.

“There I found Christ and embraced him as my personal Savior,” she said. “I do not engage in [evangelistic] activity, but if someone starts a conversation about my faith, I will speak openly about it.”

Report from Compass Direct News

EGYPT: COURT DENIES RIGHT TO CONVERT TO SECOND CHRISTIAN


Maher El-Gohary provides requested documents, but judge dismisses them.

ISTANBUL, June 16 (Compass Direct News) – A Cairo judge on Saturday (June 13) rejected an Egyptian’s convert’s attempt to change his identification card’s religious status from Muslim to Christian, the second failed attempt to exercise constitutionally guaranteed religious freedom by a Muslim-born convert to Christianity.

For Maher El-Gohary, who has been attacked on the street, subjected to death threats and driven into hiding as a result of opening his case 10 months ago, Saturday’s outcome provided nothing in the way of consolation.

“I am disappointed with what happened and shocked with the decision, because I went to great lengths and through a great deal of hardship,” he said.

El-Gohary follows Mohammed Ahmed Hegazy as only the second Muslim-born convert in Egypt to request such a change. El-Gohary filed suit against the Ministry of the Interior for rejecting his application in August last year.

In contrast to their angry chants and threats in previous hearings, lawyers representing the government sat quietly as Judge Hamdy Yasin read his decision in a session that lasted no more than 10 minutes, according to one of El-Gohary’s lawyers, Nabil Ghobreyal.

The judge rejected El-Gohary’s application even though the convert provided a baptism certificate and a letter of acceptance into the Coptic Orthodox Church that the judge had demanded.

“The judge said he will not accept the [baptism] certificate from Cyprus or the letter from Father Matthias [Nasr Manqarious],” said Ghobreyal. “Even if he gets a letter from the pope, the judge said he would not accept it, because the remit of the church is to deal with Christians, not to deal with Muslims who convert to Christianity; this is outside their remit.”

El-Gohary sounded perplexed and frustrated as he spoke by telephone with Compass about the verdict.

“The judge asked for letters of acceptance and baptism,” he said. “It was really not easy to get them, in fact it was very hard, but if he was not going to use these things, why did he ask for them in the first place? We complied with everything and got it for him, and then it was refused. What was the point of all this?”

A full explanation of Yasin’s decision to deny the request will be published later this week. The judge’s comments on Saturday, however, provided some indication of what the report will contain.

“The judge alluded to the absence of laws pertaining to conversion from Islam to Christianity and suggested an article be drawn up to deal with this gap in legislation,” said Ghobreyal.

High Court Appeal

Such a law would be favorable to converts. Thus far, hopeful signs for converts include a recent decision to grant Baha’is the right to place a dash in the religion section of their ID cards and a High Court ruling on June 9 stating that “reverts” (Christians wishing to revert to Christianity after embracing Islam) are not in breach of law and should be allowed to re-convert.

At the age of 16 all Egyptians are required to obtain an ID that states their religion as Muslim, Christian or Jewish. These cards are necessary for virtually every aspect of life, from banking, to education and medical treatment.

No Egyptian clergyman has issued a baptismal certificate to a convert, but El-Gohary was able to travel to Cyprus to get a baptismal certificate from a well-established church. In April the Coptic, Cairo-based Manqarious recognized this certificate and issued him a letter of acceptance, or “conversion certificate,” welcoming him to the Coptic Orthodox community.

El-Gohary’s baptismal certificate caused a fury among the nation’s Islamic lobby, as it led to the first official church recognition of a convert. A number of fatwas (religious edicts) have since been issued against El-Gohary and Manqarious.

El-Gohary’s case could go before the High Court, his lawyer said.

“This is not the end; this is just the beginning,” said Ghobreyal. “I am going to a higher court, I have ideas and I am going to fight all the way through. It’s a long road.”

Ghobreyal’s tenacious attitude is matched by his client’s.

“I am going to persevere, I will not give up,” said El-Gohary. “Appealing is the next step and I am ready for the steps after that. I am going to bring this to the attention of the whole world.”

The judge had received a report from the State Council, a consultative body of Egypt’s Administrative Court, which expressed outrage at El-Gohary’s “audacity” to request a change in the religious designation on his ID. The report claimed that his case was a threat to societal order and violated sharia (Islamic law).

El-Gohary’s lawyers noted that the report is not based on Egypt’s civil law, nor does it uphold the International Convention on Civil and Political Rights that Egypt has signed. It stated that those who leave Islam, “apostates” such as El-Gohary, should be subject to the death sentence.

Report from Compass Direct News

EGYPT: CONVERT’S RELIGIOUS RIGHTS CASE THREATENS ISLAMISTS


Muslims said to fear that freedom to legally change religion would wreak societal havoc.

CAIRO, Egypt, May 12 (Compass Direct News) – In the dilapidated office here of three lawyers representing one of Egypt’s “most wanted” Christian converts, the mood was hopeful in spite of a barrage of death threats against them and their client.

At a court hearing on May 2, a judge agreed to a request by the convert from Islam to join the two cases he has opened to change his ID card to reflect his new faith. The court set June 13 as the date to rule on the case of Maher Ahmad El-Mo’otahssem Bellah El-Gohary’s – who is in hiding from outraged Islamists – and lawyer Nabil Ghobreyal said he was hopeful that progress thus far will lead to a favorable ruling.

At the same time, El-Gohary’s lawyers termed potentially “catastrophic” for Egyptian human rights a report sent to the judge by the State Council, a consultative body of Egypt’s Administrative Court. Expressing outrage at El-Gohary’s “audacity” to request a change in the religious designation on his ID, the report claims the case is a threat to societal order and violates sharia (Islamic law).

“This [report] is bombarding freedom of religion in Egypt,” said lawyer Said Faiz. “They are insisting that the path to Islam is a one-way street. The entire report is based on sharia.”

The report is counterproductive for Egypt’s aspirations for improved human rights, they said. In the eyes of the international community it is self-condemned, the lawyers said, because it is not based on Egypt’s civil law, nor does it uphold the International Convention on Civil and Political Rights that Egypt has signed.

The report stated that those who leave Islam will be subject to death, described El-Gohary as an “apostate” and called all Christians “infidels.”

“During the hearing, they [Islamic lawyers] were saying that Christians are infidels and that Christ was a Muslim, so we said, ‘OK, bring us the papers that show Jesus embraced Islam,’” Faiz said, to a round of laughter from his colleagues.

Ghobreyal, adding that the report says El-Gohary’s case threatens public order, noted wryly, “In Egypt we have freedom of religion, but these freedoms can’t go against Islam.”

The trio of young lawyers working on El-Gohary’s case, who formed an organization called Nuri Shams (Sunlight) to support Christian converts’ rights, said they have received innumerable threats over the phone and on the Internet, and sometimes even from their colleagues.

Churches Challenged

To date no Christian convert in Egypt has obtained a baptismal certificate, which amounts to official proof of conversion.

Churches fear that issuing such certificates would create a severe backlash. As a result, converts cannot apply for a change of religion on their ID, but El-Gohary was able to travel abroad to get a baptismal certificate from a well-established church. In April a Coptic Cairo-based priest recognized this certificate and issued him a letter of acceptance, or “conversion certificate,” welcoming him to the Coptic Orthodox community.

El-Gohary’s baptismal certificate caused a fury among the nation’s Islamic lobby, as it led to the first official church recognition of a convert. A number of fatwas (religious edicts) have since been issued against El-Gohary and Father Matthias Nasr Manqarious, the priest who helped him.

“The converts have no chance to travel, to leave, to get asylum, so we have to help them to get documents for their new religion,” Fr. Manqarious told Compass by telephone. “So I decided to help Maher El-Gohary and others like him. They can’t live as Christians in broad daylight.”

For several months El-Gohary has been in hiding, relying on others to meet his basic needs. When Compass spoke with him by phone earlier this month, he said he lives in fear for his life and worries about his 14-year-old daughter’s safety.

“I’m hiding. Someone brings me my food and water. I haven’t gone out in a week,” said El-Gohary. “Many Muslims and sheikhs … say if anyone sees Maher Gohary, he must kill him. My life is very difficult.”

His original case, filed in August of last year, included an attempt to change the religious affiliation on his teenage daughter’s ID, but he later dropped it after further legal consultation. El-Gohary said that when radical Muslims recognize his daughter on the streets, they warn her that they will kill her father when they find him.

“She’s afraid for me,” he said.

His church acceptance letter has re-kindled discussion of a bill proposed by parliamentary members affiliated with the Muslim Brotherhood, a hard-line Islamist opposition movement, which would make apostasy punishable by death, said El-Gohary’s lawyers. Human rights experts, however, say that such a bill does not stand a chance in the Egyptian Parliament and is primarily a smokescreen to induce fear in Egypt’s Christian converts from Islam.

Some Hope from Baha’is

Sources said the fact that the judge asked for a baptismal certificate and filed the letter of acceptance in the case represents progress in the ongoing struggle of Egyptian converts, who are not recognized in their own country.

Now that El-Gohary’s lawyers have produced the acceptance letter, the judge in the case finds himself in a bind, said Hassan Ismail, general secretary of the Egyptian Union of Human Rights Organizations.

“The judge is in a paradox with the document he asked for,” Ismail said. “It is difficult to accept it, and yet it is difficult having this document among those of the case.”

Ismail, who has worked for years defending the rights of both Baha’is and converts, said it is hard to predict what the judge will decide in June. Even with all the required documents and “proof” of El-Gohary’s conversion, he said, the judge may still deny his right to change religions.

“For us human rights activists, these decisions are political, not legal,” he said. “These sorts of documents put the government into a corner, and we are working hard to get them in order to push the government to make different decisions.”

At the age of 16 all Egyptians are required to obtain an ID that states their religion as Muslim, Christian or Jewish. These cards are necessary for virtually every aspect of life, from banking, to education and medical treatment.

Baha’is, who do not fall under the rubric of any of Islam’s “heavenly religions,” were forced to lie about their religion or not obtain cards until March, when in a historical decision Egypt’s Supreme Administrative Court upheld a lower court’s 2008 ruling that all Egyptians have a right to obtain official documents, such as ID cards and birth certificates, without stating their religion.

The gains of Baha’is have been a gauge of sorts for the Christian convert community, even though in reality they are not granted the freedom to change their stated religion or leave it blank on their cards and the official registry.

“I’m very optimistic about the cases of minorities and converts in Egypt,” said Ismail. “I believe that the case of Baha’is was an indicator for converts … If we were able to push their case, then we can defend the rights of converts.”

The human rights activist said that although discrimination against converts who are seen as apostates from Islam is greater than that against those raised in other religions, ultimately converts will be able to gain legal ground. El-Gohary’s case, he said, will play an important role.

“After years of fighting, the Baha’is have rights,” he said. “I think converts will succeed even if it takes years. Many are expecting to see Maher’s case [succeed], because it’s well documented.”

Attorney Ghobreyal said that El-Gohary’s case is on solid legal footing based on Article 46 of the Egyptian Civil Code, which grants religious freedom to the country’s citizens.

In his mind it is irrational that the government gave rights to the Baha’is, who fall outside of the three heavenly religions, while not granting the same rights to Christian converts. His only explanation is that a governmental green light to people to leave Islam could wreak havoc.

Not only is there fear of the Muslim front reacting violently to such a decision, but “they’re afraid that if they allow it, then all Muslims will become Christians,” said Ghobreyal. “They know there are many converts, and they will all officially become Christians.”

The lawyer said there are rumors circulating that there are a few million converts eagerly awaiting the results of El-Gohary’s case. Egypt’s last census in 2006 did not factor in religion, so figures of the Coptic population are based on estimates. These range from 6 to 15 percent of the country’s 80-million population. It is not possible to estimate the number of converts, most of whom live in secrecy.

“Ten years ago, you never heard about a convert, but now you hear that someone is going to the court to ask to become a Christian,” said Ghobreyal.

Hegazy’s Hope

The first convert to file for a change on his ID card, Mohammed Ahmed Hegazy, said he was pleased with the progress of El-Gohary’s case and hoped that more converts would take the risk of joining their cause.

“I think that every case added to the convert case will be a help,” said Hegazy.

An outspoken critic of the refusal of Egypt’s established churches to openly baptize converts, Hegazy said that in El-Gohary’s case publicity and criticism pushed the church to take a step in the right direction in producing the conversion certificate.

“But this is not a big step, and there are many more that need to be taken and have not been,” he said. “Just to be clear, the [Egyptian] church has not given a baptism certificate, it has given an acceptance letter, and the church has declared they are not going to give a baptism paper … but we can’t deny that the step that the priest took to give the certificate was audacious.”

Hegazy, who lost his case in January 2008 and is waiting for an appeal date, was never able to get a baptism certificate, nor can he travel since he does not have a passport. If he returns to his hometown to apply for one, he risks losing his life.

He said he still hopes any of Egypt’s churches will help him by baptizing him and giving him a certificate in time for his appeal or for a new case he plans to open soon. Hegazy said that although his case is not as public as it used to be, he still faces danger when he leaves his house.

Although he is also in hiding and fears for his life, El-Gohary said he hopes his case opens the way for other converts to experience freedom.

“I hope this for all of those who want to live in the light and the sun; there are many families,” he said of Egypt’s converts. “I want to live in peace as a Christian. I hope my country gives me the freedom to worship my God and gives me my human rights.”

Egypt is a member of the U.N. Human Rights Council, an inter-governmental body made up of 47 states responsible for strengthening the promotion and protection of human rights around the globe. On April 18, 2007, in its written statement applying for a seat to the Human Rights Council, the representative of Egypt to the U.N. stated that if elected it would emphasize promoting cultural and religious tolerance, among other human rights.

Report from Compass Direct News