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

EGYPT: CUSTODY BATTLES BRING ISLAMIC LAW INTO QUESTION

Human rights advocates look to international arena for help.

ISTANBUL, November 24 (Compass Direct News) – Egyptian human rights workers are looking to international bodies for support against Muslim judges who use sharia (Islamic law) to undermine custody rights of Christian mothers.

Despite provisions such as Egyptian law’s Article 20, which dictates that minors should remain with their mother until age 15, judges consistently rule in favor of Muslim fathers in custody disputes with Christian mothers. Islamist judges typically resort to Article 2 of the Egyptian Constitution, which states that “principles of Islamic law are the principal source of legislation.”

Sharia-based decisions that rule contrary to Egyptian statutory law have led the Egyptian Initiative for Personal Rights (EIPR), an independent human rights organization, to protest before the African Commission on Human and Peoples Rights (ACHPR). The ACHPR was formed by the African Union to oversee the implementation of its Charter on Human and People’s Rights.

An investigation, decision and recommendation by the African Commission to the Egyptian government would lend considerable weight to the EIPR’s efforts to enforce Egyptian Personal Status Law, which states explicitly the mother’s right to custody of her children until they reach age 15.

The EIPR’s complaint before the African Commission accuses the Egyptian government of violating the African Charter on Human and Peoples’ Rights, which Egypt ratified in 1984, the human rights organization said in a Nov. 10 statement. The EIPR referred to the case of 13-year-old twins Andrew and Mario Medhat Ramses, whom an appeals court awarded to their father Medhat Ramses Labib on Sept. 24 after a custody battle.

“The government’s treatment of the boys’ mother, Kamilia Lotfy Gaballah, constituted discrimination based on her religion and violated her right to equal protection before the law,” the EIPR stated. “The case also charges that the government violated the two boys’ right to freedom of religion and contravened the state’s legal obligation to protect child rights.”

The boys’ father, Labib, converted to Islam in 1999 after divorcing Gaballah to marry another woman. In 2006 Labib altered the official religious status of the boys and later applied for custody.

“Obviously in this custody decision, it is a flagrant disregard of the Personal Status Law, which ensures custody for the mother until the children are 15 years old,” said Hossam Bahgat of the EIPR. “In this case the judiciary chose to ignore statutory law and apply their own interpretation of sharia.”

The long-running case of the twins exemplifies the problem but is in no way unique. Sisters Ashraqat Gohar, 12, and Maria Gohar, 8, were taken from their Christian mother in January and placed in the custody of their Muslim father, Wafiq Gohar, despite his criminal record and the 12-year-old’s claims that he is an alcoholic.

The court ruling referred to Wafiq Gohar’s fears that “[the girls] would cherish a religion other than Islam, eat foods that are banned in Islam and go to church” as determining factors in their decision.

“It is a big problem we are facing in Egypt,” said Naguib Gobrail, president of the Egyptian Union of Human Rights Organizations. “The decision of the court clearly stated that according to Article 2, the main source [of legislation] is sharia, so the judge cannot apply the natural law.”

More recently, 3-year-old Barthenia Rezqallah of Tanta, near Cairo, remains in her father’s custody, despite a court order that she be returned to her mother pending a final verdict. Police have turned a blind eye to the court order out of fears that the child will practice Christianity rather than Islam, said Gobrail.

Gobrail said that international pressure may be the solution.

“Maybe a connection with someone of international character connecting with President [Hosni] Mubarak is the only way,” he said, “because he has the authority to give orders to the National Assembly to issue a law to make things equal between Muslims and Copts, especially for the children.”  

Report from Compass Direct News

EGYPT: COURT GIVES CHRISTIAN BOYS TO MUSLIM FATHER

Despite a fatwa from the Grand Mufti, Alexandria judge denies custody for mother.

ISTANBUL, October 2 (Compass Direct News) – Following the Appeal Court of Alexandria on Sept. 24 granting custody of 13-year-old Christian twins to their Muslim father, their mother lives with the fear that police will take away her children at any moment.

Kamilia Gaballah has fought with her ex-husband Medhat Ramses Labib over alimony support and custody of sons Andrew and Mario in 40 different cases since he left her and converted to Islam so that he could remarry in 1999.

The court ruled in favor of Labib in spite of Egyptian law’s Article 20, which grants custody of children to their mothers until the age of 15, and a fatwa (religious ruling) from Egypt’s most respected Islamic scholar, Grand Mufti Ali Gomaa, giving her custody.

“This decision was dangerous because it was not taken in accordance with Egyptian law but according to sharia [Islamic] law,” said Naguib Gobraiel, Gaballah’s lawyer and president of the Egyptian Union of Human Rights Organizations.

He explained that Egypt’s civic code calls for children under the age of 15 to stay with their mother regardless of their religion. Gobraiel said that sharia tends to favor the Muslim parent in such cases.

“They want to stay with their mother,” said Gobraiel. “They don’t know anything about Islam and sharia. They are Christians and go to church on Sundays.”

The twins have publicly stated their faith, and during a test in a mandatory religious class two years ago they scribbled only, “I am a Christian” on their answer sheets and otherwise turned them in blank. The twins intend to go on a hunger strike if they are forced to live with their Muslim father, whom they hardly know, sources said.

“We only want one thing,” said Gobraiel. “We want the law to be applied in our cases like this one, not the sharia, because the government owes us citizenship. This is a civilized, secular country, not a religious country.”

The decision of the presiding judge, El Sayed El Sherbini, to give the father full custody is not even based on sharia but is purely arbitrary, Gaballah and her eldest son George Medhat Ramses claimed, since the country’s State Mufti had granted custody to the mother in April 2006.

“We don’t want to give them to anyone or comply with the sentence,” Ramses told Compass. “All the legal ways have been wrong to us. We’ve been trying to make it as legal as we can, but the court has not been fair.”

Ramses, 21, who is also a Christian and lives with his mother and two little brothers, said the judged showed bias in favor of his father because he converted to Islam shortly after he left Gaballah.

“The decision was unfair and oppressive,” Gaballah told Compass. “I am treated differently than other Egyptians, as if this is not my own country.”

Gaballah, who has been fighting to keep her sons since the court decided in 2006 that custody of her sons should be given to her ex-husband, fears that her children will grow up without hope and a sense of justice.

“I am so sad and afraid about their psychology,” she said, “because they are facing something that is fundamentally against all the principles I have taught them.”

Gaballah said she is ready to keep fighting with the few means left in her power to keep her sons, even if it means tarnishing her with a criminal record by not handing them over to their father.

“And I’m determined to get justice in my own country, because it is my natural right and my sons’ right,” she said. “I cannot see how I can comply with the people who are taking my rights away from me and taking my children from me to give them to an unworthy father and another woman.”

Labib is now married to his third wife, with whom he has a 4-year-old son. He is a businessman working in exports and travels between Alexandria and Cairo.

Gobraiel said that he intends to send a clear message to Egypt’s President Hosni Mubarak and the international human rights community that judgments like this one are hypocritical on the part of a government that claims to be “civilized.”

“How can they think we live in a civilized and secular country when they are applying sharia law on us?” he asked. “We will send a message to human rights organizations in Egypt and around the world to help us. We are angry and we want to declare it!”

 

Problematic Birth Certificates

Even under their father’s custody, the twins have the legal right to live with whomever they choose in two years, when they turn 15. But Ramses said he doubts the court would let them return to their mother.

“The same law that states that they should stay with mother until the age of 15 is the one that says they can decide where to live after the age of 15,” he explained. “If the court didn’t apply the first part of the law, they won’t apply the second.”

At the age of 16, when Mario and Andrew apply for their identification cards, they will face yet another hurdle, said Ramses. In 2005, Labib went to the population register and changed the twins’ birth certificates from Christian to Muslim, to reflect his own religion.

Now Ramses fears that a Sept. 23 court ruling in the case of Bahia Nagy El-Sisi, sentencing her to prison for three years for “forgery of an official document,” could be what awaits him and his little brothers. Nagy El-Sisi’s father had converted to Islam briefly in 1962, when she was 3 years old, and her documents were never altered to reflect the change as she remained a Christian. She and her sister discovered that their father had temporarily converted to Islam when the sister, Shadia Nagy, tried to issue marriage papers for her son.

Shadia Nagy was sentenced to three years in prison in 2007, also for “forgery.”

“These women are us in the future,” said Ramses.

Over the past few years, as Christians have found out about the twin boys’ case, Ramses said many have called them to give support. Many also have pledged to go on a hunger strike with the boys if they are handed over to their father.

“Christians see them as Coptic heroes and martyrs who stood up in front of all and said they were Christians and held on to it,” said Ramses. “All of them say they see the greatness of their ancestors and Christian heroes of long ago in them … and they carry a lot of respect and love for what they have done.”

Report from Compass Direct News