Prospects Dim for Religious Freedom in Nepal

Right to share faith could harm Nepal’s Hindu identity, lawmakers believe.

KATHMANDU, Nepal, March 29 (CDN) — A new constitution that Nepal’s parliament is scheduled to put into effect before May 28 may not include the right to propagate one’s faith.

The draft constitution, aimed at completing the country’s transition from a Hindu monarchy to a secular democracy, contains provisions in its “religious freedom” section that prohibit anyone from converting others from one religion to another.

Most political leaders in the Himalayan country seemed unaware of how this prohibition would curb religious freedom.

“Nepal will be a secular state – there is no other way,” said Sushil Koirala, president of the Nepali Congress, Nepal’s “Grand Old Party,” but he added that he was not aware of the proposal to restrict the right to evangelism.

“Forcible conversions cannot be allowed, but the members of the Constituent Assembly [acting parliament] should be made aware of [the evangelism ban’s] implications,” Koirala, a veteran and one of the most influential politicians of the country, told Compass.

Gagan Thapa, another leader of the Nepali Congress, admitted that banning all evangelistic activities could lead to undue restrictions.

“Perhaps, the words, ‘force, inducement and coercion’ should be inserted to prevent only unlawful conversions,” he told Compass.

Man Bahadur Bishwakarma, also from the Nepali Congress, said that of all the faith communities in Nepal, Christians were most active in converting others, sometimes unethically.

“There are problems in Hinduism, such as the caste hierarchy, but that doesn’t mean you should convert out of it,” he said. “I believe in reforming one’s religion.”

Asked if the restriction on converting others violated the International Covenant on Civil and Political Rights (ICCPR), Akal Bahadur of the Unified Communist Party of Nepal (Maoist) said, “It may, but there was a general consensus on it [the prohibition]. Besides, it is still a draft, not the final constitution.”

Nepal signed the ICCPR on May 14, 1991. Article 18 of the ICCPR includes the right to manifest one’s religion, which U.N. officials have interpreted as the right to evangelistic and missionary activities.

Akal Bahadur and Thapa are members of the Committee on Fundamental Rights and Directive Principles, which was tasked to propose the scope of religious freedom and other rights in the draft constitution. This committee, one of 11 thematic panels, last year submitted a preliminary draft to the Assembly suggesting that a person should be allowed to decide whether to convert from one religion to another, but that no one should convert anyone else.

Binda Pandey, chairperson of the fundamental rights committee and member of the Communist Party of Nepal (Unified Marxist Leninist), told Compass that it was now up to the Assembly to decide whether this provision violates religious freedom.

The Constitution Committee is condensing the preliminary drafts by all the committees as one draft constitution. At least 288 contentious issues arose out of the 11 committees, and the Constitution Committee has resolved 175 of them, Raju Shakya of the Kathmandu-based Centre for Constitutional Dialogue (CCD) told Compass.

The “religious freedom” provision with its ban on evangelism did not raise an eyebrow, however, as it is among the issues listed under the “Area of Agreement” on the CCD Web site.

Once compiled, the draft constitution will be subject to a public consultation, after which another draft will be prepared for discussion of clauses in the Constitutional Assembly; provisions will be implemented on a two-thirds majority, Shakya said.


Hindu Identity

Thapa of the fundamental rights committee indicated that religious conversion could become a contentious issue if the proposed restriction is removed. Even the notion of a secular state is not wholly accepted in the country.

“If you hold a referendum on whether Nepal should become a secular state, the majority will vote against it,” Thapa said.

Most Hindus see their religion as an essential part of the country’s identity that they want to preserve, he added.

Dr. K.B. Rokaya, the only Christian member of Nepal’s National Commission for Human Rights, said Nepal’s former kings created and imposed a Hindu identity for around 240 years because it suited them; under the Hindu ethos, a king should be revered as a god. Most of the numerous Hindu temples of Nepal were built under the patronage of the kings.

Rokaya added that Christians needed to be more politically active. The Assembly does not have even one Christian member.

According to the 2001 census, over 80 percent of Nepal’s 30 million people are Hindu. Christians are officially .5 percent, but their actual number is believed to be much higher.

Nepal was the world’s only Hindu kingdom until 2006, when a people’s movement led by former Maoist guerrillas and supported by political parties, including the Nepali Congress and the Unified Marxist Leninist, ousted King Gyanendra.

An interim constitution was enacted in 2007, and the Constituent Assembly was elected through Nepal’s first fully democratic election a year later. The Assembly was supposed to promulgate a new constitution by May 28, 2010, but its term was extended by one year.

It is still uncertain, however, whether the approaching deadline will be met due to persistent disagreements among parties. The Maoist party has 220 members, the Nepali Congress 110, and the Unified Marxist Leninist 103 in the 575-member Assembly.

Rokaya, a member of the newly formed United Christians Alliance of Nepal, comprising a majority of Christian denominations, said Christians would continue to ask for full religious freedom. The use of inducement or force for conversions is deplorable, but the right to preach the tenets of one’s religion is a fundamental freedom, he added.

Report from Compass Direct News

Morocco Begins Large-Scale Expulsion of Foreign Christians

Ongoing purge launched nationwide to stop ‘proselytization.’

ISTANBUL, March 12 (CDN) — Moroccan authorities deported more than 40 foreign Christian aid workers this week in an ongoing, nationwide crackdown that included the expulsion of foster parents caring for 33 Moroccan orphans. 

Deportations of foreign Christians continued at press time, with Moroccan authorities expressing their intention to deport specifically U.S. nationals. Sources in Morocco told Compass that the government gave the U.S. Embassy in Rabat a list of 40 citizens to be deported.

The U.S. Embassy in Rabat could not comment on the existence of such a list, but spokesperson David Ranz confirmed that the Moroccan government plans to deport more U.S. citizens for alleged “proselytizing.”

“We have been informed by the Moroccan government that it does intend to expel more American citizens,” said embassy spokesperson David Ranz.

Citing Western diplomats and aid groups, Reuters reported that as many as 70 foreign aid workers had been deported since the beginning of the month, including U.S., Dutch, British and New Zealand citizens.

At the Village of Hope orphanage near Ain Leuh, 50 miles south of Fez, the government on Monday (March 8) expelled 16 staff workers, 10 foster parents and 13 natural-born dependents from the country. The orphanage arranges for orphaned children to live with a set of foster parents rather than in a traditional dormitory setting, according to its website.

Police first came to the orphanage Saturday afternoon (March 6), questioning children and looking for Bibles and evidence of Christian evangelism; by late Sunday night they had told all foster parents and staff that they had to leave on Monday.

New Zealand native Chris Broadbent, a worker at Village of Hope, told Compass that the separation of the foster families and the children under their care was traumatic. As much as they hoped to be re-united, he said, that did not seem likely – officials told them they could visit as tourists in the future, but in reality authorities do not allow re-entry for those who have been expelled.

“At this stage, as much as we want to see the parents get back with their kids, we understand that may be almost impossible,” Broadbent said. “We’re not searching for scalps here, we don’t want to harm Morocco or anything like that, but we want to see the parents re-united with their children.”

Broadbent emphasized that government accusations that they had been proselytizing were unfounded, and that all staff had signed and adhered to a non-proselytizing policy.

“We were a legal institution,” he said. “Right from the start they knew that it was an organization founded by Christians and run by a mixture of Christians and Muslim people working together.”

Authorities told orphanage officials that they were being deported due to proselytizing but gave no evidence or explanation of who, when, where or how that was supposed to have occurred, according to a Village of Hope statement.

The orphanage had been operating for 10 years. Moroccan authorities had never before raised any charges about the care of the children, according to Village of Hope’s website.

In the village of Azrou, about 100 miles east of Rabat, another orphanage called Children’s Haven has been under investigation this week. Although it was still operating at press time, sources said its 20 staff members were prepared for a fate similar to that of Village of Hope, 30 minutes south.

“This action against the Village of Hope was part of a nationwide crackdown against Christians living in Morocco,” read a statement on Village of Hope’s website.

Some Christians in Morocco attribute the change in the country, generally known for its tolerance towards religious minorities, to the appointments of Mohammed Naciri as Minister of Justice and Taieb Cherkaoui as Minister of Interior in January.

Communications Minister Khalid Naciri said the government would be “severe with all those who play with religious values,” reported Agence France-Presse (AFP).

Local Christians Next?

A Moroccan pastor, his wife and a relative were arrested on Wednesday [March 10] and released on the next day, raising fears among local Christians that the wave of intolerance may spread to the country’s small but growing church of nearly 1,000 believers.

An expert on religious freedom in the Middle East who requested anonymity said that attacks on the church are inevitable even in a Western-looking, modern country like Morocco, as the church grows and becomes more visible.

“Because conversion is a taboo, if the government looks like it is doing nothing in regard to all the foreign missionaries that are coming and ‘corrupting’ the country and its ‘national soul,’ it gives credit to Islamists who could challenge the ‘Islam-ness’ of the Royal Family and the government, and that’s just what Morocco can’t afford,” said the expert.

The clampdown on foreign workers could signal government malaise toward the growing church.

“The more they grow, the more visible they become, the more they’ll attract this reaction,” said the expert. “And that’s why they’ve been so quiet with house groups. It’s just a matter of time.”

Communications Minister Naciri reportedly denied the new, tougher line against non-Muslims was a step backward in terms of religious freedom in Morocco.

“Morocco has always been and remains a land of openness and tolerance,” he told AFP. “The rare cases of expulsion have nothing to do with the practice of Christianity but with acts of proselytism.”

The children have reportedly been placed in a care home.

Contradictory Documents

As a signatory to the International Covenant on Civil and Political Rights, Morocco’s accusations of “proselytization” by foreign aid workers apparently contradict its pledge to allow freedom to manifest one’s faith. Article 18 of the covenant affirms the right to manifest one’s faith in worship, observance, practice or teaching.

The covenant also states, however, that “freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.”

Previously the North African country had a history of religious tolerance. Morocco’s constitution provides for freedom to practice one’s religion, contradicting Article 220 of the Moroccan Penal Code, which criminalizes any attempt to induce a Muslim to convert to another religion.

In its 2009 international religious freedom report, the U.S. Department of State noted that on April 2, 2009, a Moroccan government spokesman asserted that freedom of religion does not include freedom to choose one’s faith.

“The fight against Christian proselytizing in accordance with law cannot be considered among human rights abuses,” the Moroccan government spokesman said, “for it is an action aimed at preventing attempts to undermine the country’s immutable religious values. The freedom of belief does not mean conversion to another religion.”

The crackdown this month appears unprecedented, with only smaller groups previously deported. In March 2009, Moroccan authorities expelled five foreign female Christians for trying to “proselytize” although sources said they were foreign visitors merely attending a Bible study with fellow Christians. In November 2009, police raided a Christian meeting in northern Morocco and expelled five foreigners.

Last month a large, military-led team of Moroccan authorities raided a Bible study in a small city southeast of Marrakech, arresting 18 Moroccans and deporting a U.S. citizen.

In a message yesterday to U.S. citizens registered with the embassy, U.S. Ambassador Samuel Kaplan reportedly expressed concern about how the authorities conducted the deportations. Foreign Christians were told their residence permits were cancelled and that they had to leave the country immediately; they had no rights to appeal or challenge the decision.

“We were disheartened and distressed to learn of the recent expulsion by the Moroccan government of a number of foreigners, including numerous Americans, who had been legally residing in Morocco,” Kaplan said in a statement. “Although we expect all American citizens to respect Moroccan law, we hope to see significant improvements in the application of due process in this sort of case.”

Report from Compass Direct News 

Moroccan Authorities Raid Bible Study, Arrest Christians

Order to detain 18 nationals, deport U.S. citizen apparently came from highest levels.

MARSEILLES, France, February 9 (CDN) — A large, military-led team of Moroccan authorities raided a Bible study in a small city southeast of Marrakech last week, arresting 18 Moroccans and deporting a U.S. citizen, area Christian leaders said.

Approximately 60 officers from the Moroccan security services on Thursday afternoon (Feb. 4) raided the home of a Christian in Amizmiz, a picturesque city of 10,000 mainly Berber people 56 kilometers (35 miles) southeast of Marrakech. A church Bible study was in progress at the home with visitors from western and southern Morocco, the leaders said.

Five of the 18 people held for 14 hours were small children, two of them infants no more than 6 months old. The other small children ranged from 20 months to 4 years old, and also detained was the visiting 16-year-old nephew of one of the participants.

The Christian leaders said authorities interrogated participants in the Bible study for 14 hours. The authorities filmed the interrogations with digital video cameras and cell phones.

The leader of the Christian group, who requested anonymity for security reasons, said the raiding party was unusually large. It included an accompaniment of 15 vehicles led by a colonel and two captains.

“It’s the first time in our current Moroccan church history that the Moroccan government used this size of a legion to attack a small Christian meeting,” he said. “All the time they kept repeating that this was ordered personally by the new Moroccan Justice Minister [Mohamed Naciri] and by the highest level General of the Gendarmerie [Housni Benslimane].”

Quoting a statement by the Interior Ministry, the state-run Maghreb Arabe Presse news agency reported that a “foreign missionary” had been arrested for trying to “spread evangelist creed in the Kingdom and locate new Moroccan nationals for recruitment.”

The statement added that the raid took place “following information on the organization of a secret meeting to initiate people into Christianity, which would shake Muslims’ faith and undermine the Kingdom’s religious values.”

The U.S. citizen, whose name has not been released, was deported immediately after interrogation. The Christian leaders said the visiting Moroccans were sent back to their homes in western and southern Morocco.

Authorities seized Bibles, books, two laptops, a digital camera and one cell phone, they said.

“I don’t think this number of Moroccan government forces was ever used even against Muslim fundamentalists,” the leader of the Christian group said.

Conflicting Codes

Overall, the North African country has a history of religious tolerance. Morocco’s constitution provides for freedom to practice one’s religion, but Article 220 of the Moroccan Penal Code criminalizes any attempt to induce a Muslim to convert to another religion.

In its 2009 international religious freedom report, the U.S. Department of State noted that on April 2, 2009, a Moroccan government spokesman asserted that freedom of religion does not include freedom to choose one’s faith.

“The fight against Christian proselytizing in accordance with law cannot be considered among human rights abuses,” the Moroccan government spokesman said, “for it is an action aimed at preventing attempts to undermine the country’s immutable religious values. The freedom of belief does not mean conversion to another religion.”

Morocco is a signatory to the International Covenant on Civil and Political Rights. Article 18 of the covenant affirms the right to manifest one’s faith in worship, observance, practice or teaching.

The covenant also states, however, that “freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.”

In early December last year Moroccan police expelled five Christian foreigners for “attending a forbidden meeting,” according to an unnamed government official. The five men were involved in a training seminar for 17 Christians in northern Morocco.

“We were highly surprised that Morocco dared to arrest and expel us,” said one of the deported Christians, noting that only Christians were present at the meetings. “The police told us that we were holding a forbidden meeting, but we are friends just coming together for fellowship and for teaching each other. Is that forbidden in Morocco?”

The deportations were a serious violation of religious rights, the Christian said.

“The police came with 35 agents – 12 of them invaded the building, and the rest of the police surrounded the premises just to arrest 17 friends coming together for fellowship,” he said. “We were held in custody for one day and night, and we were interrogated for many hours, until 4:30 the next morning.”

On March 29, 2009, the Moroccan government announced that it had expelled five female Christians for attempting to “proselytize,” although sources said they were foreign visitors merely attending a Bible study with fellow Christians. The accused women were five of 23 tourists, expatriates and Moroccans arrested in Casablanca on March 28 during what the Interior Ministry called a “proselytizing” meeting involving Moroccan citizens.

Police seized numerous pieces of evangelistic “propaganda,” including Arabic books and videos. But a source told Compass that everyone in attendance was a Christian and that they had gathered merely for a Bible study, which he said falls within Morocco’s constitutional right of freedom to express one’s faith.

The authorities interrogated 12 others, 11 of them Moroccan citizens, for participating in the women’s Bible study in the apartment of a local Christian leader in Casablanca. They released them early the following morning, returning them home in unmarked police cars, according to the state department report.

“The authorities reportedly pressured the women to return to Islam, mocked their Christian faith, questioned why they left Islam to become Christians, and asked if there were other Christians in their families,” the report states.

A Christian who works in the country told Compass that Moroccan Christians do not see themselves as contradicting national values.

“Moroccan Christians are proud to be Moroccan and desire the freedom to be legally recognized by the government,” he said.

Report from Compass Direct News 


In violation of human rights standards, police arrest Christians for allegedly speaking ill of gods.

MUMBAI, India, Aug. 14 (Compass Direct News) – Hindu nationalist extremists attacked Christians attending teacher training in Dharwad district, Karnataka on Wednesday (Aug. 12), but when one of the attendees escaped and went to police, officers arrested eight pastors on baseless claims of forcible conversion and – in a blow to free speech – for allegedly speaking ill of Hindu gods.

Pastor Moses Bentic, coordinator of the Seva Bharat Mission, told Compass that more than 80 Christians including nine pastors were attending the mission’s teacher training, which began Wednesday in Annigere and was supposed to continue through today. At around 11:30 pm on Tuesday (Aug. 11), 30 Hindu extremists from the Sri Ram Sena (Lord Ram’s Army) entered the facility where the training was taking place, the Patil Sabha Bhavan, and began beating the pastors.

They repeatedly slapped and kicked the pastors, cursed Christianity using foul language and falsely accused them of forcible conversion. The Hindutva (Hindu nationalist) extremists also manhandled young women at the training, most of whom between the ages of 17 and 23, according to the Global Council of Indian Christians (GCIC).

Pastor Joseph Christopher, who managed to escape from the hall just after midnight, rushed to the Annigere police station to seek help. He told Compass that police were “indifferent” and refused to accept a complaint. Earlier, at about 11:45 p.m., Pastor Christopher had telephoned police but nobody showed up, he added.

“At around 1:30 a.m., two policemen arrived at the Patil Sabha Bhavan and were mute spectators as the extremists collected all the copies of the Bibles and burned them,” Pastor Christopher said, adding that police also took mobile phones from the Christians.

Police officials who arrived at the hall around 4:30 a.m. shouted at the Christians, asked why no prior permission had been obtained for the meeting and took eight pastors to the Annigere police station, according to GCIC. Arrested were Vasant Kumar Hanoka, Simon Rathnappa, Basavaraj Rudappa, Madhan Kumar Yamanappa, Prakash Arjun Kagwadar, Jayraj Shiromani, Vijay Mayekar and Kumaraswamy Govindappa. They were charged with unlawful assembly, rioting, criminal conspiracy and “acts intended to outrage religious feelings by insulting religion or religious beliefs.”

They were sent to judicial custody until Aug. 25.

Police, meantime, had locked the Christians at the teacher training inside the hall. Pastor Bentic said Francis Swaminathan Kaniya, pastor of an independent church, arrived at the hall at 8:30 a.m. for the meeting and was met by Hindu extremist Gangadhar Hallikeri, who repeatedly punched, slapped and verbally abused him outside the Patil Sabha Bhavan; others along with Hallikeri ransacked his satchel, seized his Bible, tore pages out of it and burned them.

“The police had locked up the hall with the other believers inside up to 12:30 pm,” Pastor Bentic said. “After noting down the names and addresses of all the participants, the police escorted the believers in groups to the bus stand and made them leave the place.”

Sub-Inspector Kuber Rajame told Compass that he and other officers went to the Patil Sabha Bhavan at 4 a.m. on Wednesday (Aug.12) based on a complaint by Hallikeri, who along with 15 others accused the Christians of forcible conversion and denigrating Hindu gods.

Sub-Inspector Rajame also said that he had sent police officers earlier, in the wee hours of the morning, to investigate the meeting and that they confirmed that the Christians were speaking derogatorily about Hindu gods. Denying that any of the Christians were beaten by Hallikeri and his group, the sub-inspector added that officers seized CDs, cassettes and books relating to Christianity from the place.

The private nature of the meeting notwithstanding, arrests for speaking ill of religions even in public constitute a violation of free speech as stipulated in the International Covenant on Civil and Political Rights, to which India is a signatory, according to Christian leaders.

Sajan K. George, national president of the GCIC, told Compass that the organization has confirmed the attackers as Sri Ram Sena and Bajrang Dal leaders: Alikere, Palyad Kallur, Mahesh Palyad, Gangadhar Alikere, and Shivkumar Kallur.

“Last year Sri Ram Sena was involved in the attack of over 30 prayer halls in Mangalore city area, Karnataka, and they have the tacit approval of the local administrative machinery,” George said. “That emboldens them to carry out attack on Christians.”

GCIC has appealed to the Governor of Karnataka, the Home Minister of the government of India and the National Human Rights Commission to look into the matter.”

Seva Bharath Mission India has been known for its humanitarian service to northern Karnataka for the past nine years. It provides adult literacy and children’s education programs and has been involved in evening tuition classes for street children. The teacher’s training program was organized to equip men and women from 11 districts in north Karnataka to teach and be a part of the humanitarian mission.

Report from Compass Direct News 


Held with no legal counsel for over a month, they suffer illness in notorious prison.

LOS ANGELES, April 13 (Compass Direct News) – Accused of “acting against state security” and “taking part in illegal gatherings,” two Iranian Christian women have been held in a Tehran prison for over a month in a crowded cell with no access to legal representation.

Amnesty International, in an appeal for urgent action last week, reported that authorities have made the accusations known but have imprisoned the women without filing official charges. The organization called on Iranian authorities to release them and expressed concern for their health.

Maryam Rostampour, 27, and Marzieh Amirizadeh Esmaeilabad, 30, who were active in church activities and distributing Bibles according to Amnesty’s appeal, were arrested on March 5. They are being held in the detention center of Evin Prison, a facility that has drawn criticism for its human rights violations and executions in recent years. Amnesty’s appeal included a call to urge Iranian officials to ensure that the women are not being tortured.

Based on a telephone conversation between Esmaeilabad and a third party on March 28, Amnesty reported that Esmaeilabad said both are suffering from infection and high fever and had not received adequate medical care. The women continue to be detained in an overcrowded cell with 27 other women. Amnesty said they “may be prisoners of conscience, detained solely on account of their religious beliefs.”

The women are allowed a one-minute call each day and a weekly visit from family. Authorities have informed their family members that the women are accused of “acting against state security” and “taking part in illegal gatherings,” according to the report, and that they would be released after payment of a $400,000 bail. The families have presented the title deeds of their homes as bail but are still waiting for approval from the judge.

Initially the Ministry of Intelligence summoned one of the women, and then took her to the apartment the two shared. There they were officially arrested, and authorities confiscated computers, books and Bibles. The two women were interrogated and held at different police stations.

On March 18 they appeared before Branch 2 of the Islamic Revolutionary Court in Tehran and subsequently transferred to Evin Prison, said the report.

Even if the women are released on bail, they still have to stand trial. Accusations have not included “apostasy,” or leaving Islam, though investigations are ongoing. It is not known whether the women are converts from Islam.

Last September the Iranian Parliament approved review of a new penal code calling for a mandatory death sentence for “apostates.” Under current law death sentences for apostasy have been issued only under judicial interpretations of sharia (Islamic law).

Under the new penal code, male “apostates” would be executed, while females would receive life sentences. The new code was sent to Iran’s most influential body, the Guardian Council, which is expected to rule on it. The council is made up of six conservative theologians appointed by Iran’s Supreme Leader and six jurists nominated by the judiciary and approved by Parliament. This council has the power to veto any bill it deems inconsistent with the constitution and Islamic law.

Converts to Christianity in Iran risk harassment, arrest and attack from authorities even though Article 23 of the Iranian Constitution grants that individual beliefs are private and no one can be “molested or taken to task” for holding them. Iran has also signed the International Covenant on Civil and Political Rights, which states that everyone shall have the right to freedom of thought, conscience and religion.

“This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching,” the covenant states.

The last Iranian Christian convert from Islam executed by the Iranian government was Hossein Soodmand in 1990. He was accused of working as “an American spy.” Since then at least six Protestant pastors have been assassinated by unknown killers.

Report from Compass Direct News



Belarus’ Supreme Court has dismissed a challenge to the state’s requirement that worship must be registered to be legal, Forum 18 News Service has learnt.

On 2 March the Court rejected an appeal brought by a Pentecostal pastor against a fine for leading an unregistered religious organisation. Pastor Valentin Borovik had argued that the requirement to register broke both the Belarusian Constitution and the International Covenant on Civil and Political Rights, a position supported by international human-rights lawyers.

Dismissing the appeal out of hand, however, the Supreme Court’s vice-chairman ruled that Borovik’s rights to freedom of conscience “were not violated in any way.” Baptist and charismatic communities are the most recent to report state harassment for unregistered religious activity, which increasingly comes from ideology officials.

Report from the Christian Telegraph


Christian mother wins right to high court appeal regarding ruling that favored Muslim father.

ISTANBUL, February 20 (Compass Direct News) – Prosecutor General Abdel Meguid Mahmoud last week granted the mother of 14-year-old twins Andrew and Mario Medhat Ramses the right to appeal a custody decision awarding her sons to their Muslim father.

Muslim convert Medhat Ramses Labib gained custody of the boys last September, contrary to Article 20 of Egypt’s Personal Status Law, which states children should remain with their mother until age 15. The boys’ mother, Kamilia Lotfy Gaballah, won the right to appeal on Feb. 11.

“We all have a little bit of hope, new hope,” said George Ramses, the twins’ older brother. “Of course, they are a little afraid about everything, but generally they are excited.”

With support from the Egyptian Initiative for Personal Rights (EIPR), Gaballah will appeal the Family Court’s decision awarding custody to the father before the Court of Cassation. Family Court decisions are not usually given recourse to the Court of Cassation, one of Egypt’s highest courts, and require special referral from a public prosecutor.

EIPR Director Hossam Bahgat stressed that the Court of Cassation will be examining the law on which the decision was based, not the decision itself.

“The Court of Cassation will pronounce a decision on the legal rule that Christian children, when one of their parents converts to Islam, should be automatically moved to the Muslim parent’s custody,” he said. “So it is very important in terms of changing the legal rule, but according to the law it will not have a direct impact on Andrew and Mario themselves.”

Preliminary hearings are scheduled to begin on March 2.

The twins will celebrate their 15th birthday in June of this year. At 15, Egyptian children of divorcees have the legal right to choose which parent they want to live with. Ramses told Compass that he is skeptical about whether his brothers will be given this right.

“The whole law is that kids should spend the first 15 years with their mum, and then they get to choose who they want to live with,” Ramses said. “[Choosing] is the second part of the rule that was not applied to us, so we don’t know actually what will be the case.”

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.


Covenant Breaches

The boys are now at the center of two separate disputes, both of which have roots in the complex interaction between Islamic and secular law in Egypt: whether children should be automatically awarded to the Muslim parent, and whether they therefore should automatically convert to Islam.

Custody battles between Muslim fathers and Christian mothers have typically been instances where Islamic law has predominated over secular legislation. Sharia (Islamic law), which the Egyptian constitution declares as being the source of law, states that a non-Muslim should not have authority over a Muslim.

In the case of Andrew and Mario, this sharia provision meant that they should not be left under the jurisdiction of their non-Muslim mother. The automatic and compulsory conversion of the twins, following their father’s decision to become Muslim, is the second area of contention EIPR is working on behalf of Gaballah to resolve.

The issue once again shows the contradictory stances of Egyptian civil law, which reflects both freedom of religion and Islamic thought. A fatwa (religious edict) issued by Egypt’s Grand Mufti, Ali Gomaa, regarding the case of Andrew and Mario states, “The religion of the two children should follow their Muslim father’s, unless they change their religion with full will after puberty.”

Although this statement allows Andrew and Mario the right to choose their religion “after puberty,” conversion from Islam is not only extremely difficult in Egypt but also dangerous.

Egypt has ratified a number of human rights treaties allowing advocacy groups like EIPR recourse to international watchdogs and advisory bodies. One of these, the African Commission on Human and Peoples Rights (ACHPR), has agreed to examine the case. The commission has asked both parties to submit written statements by March in preparation for an initial hearing in May.

The European Union of Coptic Organisations for Human Rights (EUCOHR) has also weighed in, petitioning the European Parliament for help.

“We have gone to the European Parliament with a legal document detailing about 30 to 40 breaches of international covenants like the International Declaration of Human Rights,” said Ibrahim Habib, vice-chairman of EUCOHR.

Habib said he hopes involving international bodies such as these will raise the profile of the case and put pressure on the Egyptian judiciary to rule impartially. Such attention could also have positive implications for the much harassed Coptic community at large.

The report filed by EUCOHR and the U. S. Coptic Foundation for Legal Assistance, which explores violations of such pacts as the Convention on the Elimination of All Forms of Discrimination against Women and the International Covenant on Civil and Political Rights, ends with this statement:

“This is a call for justice and to save the two children from the coercion, persecution and injustice with which they are overburdened and, it is respectfully requested that a prompt action be taken to save those children and their future. Also, the annulment of the judgements against the two children is promptly requested.”  

Report from Compass Direct News


Muslim family pays price for son’s conversion; father shunned, ordered confined to home.

DHAKA, Bangladesh, October 16 (Compass Direct News) – Muslim clerics and neighbors have ordered the father of a man who converted to Catholicism to remain confined to his house until retaliatory punishment can be exacted from the convert.

“Are you not ashamed that your son became Christian?” the founder of a mosque here asked Ruhul Amin Khandaker, father of a 32-year-old businessman who went to Australia earlier this year to court a Philippine Catholic woman, converting to her faith in April. “Why did you not sacrifice your son like cattle before telling the news to us?”

Khandaker has become a social outcast whose family lives under threat from fellow Muslims, in violation of Bangladesh’s constitution and international human rights safeguards. His son, Rashidul Amin Khandaker, has applied for protection from Australian immigration officials as he believes police in 88 percent-Muslim Bangladesh would do nothing to protect him from Islamists threatening to kill him.

“They will try to kill me anywhere, any time in Bangladesh, and the police and the authority will not protect me,” Rashidul Khandaker wrote in his plea to Australian authorities. “There are records that show a converted person is not protected by the police, authority and society.”

Khandaker’s life would be in danger if he returned to Bangladesh, said his brother-in-law, identified only as Siddik, adding that “we are also surviving in the society at our own peril.”

Rashidul Khandaker’s brother wrote him in May to cease all contact with the family. Rakibul Amin Khandaker stated in the letter that Muslim authorities had threatened to ostracize the family because of his brother’s conversion, and that his life would be in danger if he returned to Bangladesh as Muslim extremists believe they would get to heaven by punishing him.

Muslim leaders in Dhaka have ordered Khandaker’s 65-year-old father to disown his son and exclude him from his wealth and property.

“If he comes to Bangladesh, you must hand him over to us and we will punish him,” the founder of the mosque told the elder Khandaker.

Khandaker, who operates an oil lubricant refining business in the Kutubkhali area under Jatrabari police jurisdiction in central Dhaka, told Compass of the grief he experienced when his son informed the family from Sydney that he had become a Christian.

“My other sons and relatives informed it to the nearby cleric of the mosque so that the cleric could console me,” he said. “Unfortunately the cleric was so furious . . . [He] told me that, ‘You cannot keep any relationship with your son. A man of a noble Muslim family cannot be a Christian, and the society cannot accept it.”


Home Ransacked

When Rashidul Khandaker, who worked as director of marketing in his father’s business before going to Australia to pursue a relationship with a woman he met over the Internet, telephoned friends in Dhaka about his conversion, seven or eight of them broke into his house to loot his computer, scanner, printer, documents, sofa and other valuables, his father said.

“They told me, ‘We will return everything when your son comes back. Whenever he will come back, you must hand him over to us – we will take revenge for his activities. Until he comes, don’t mix with the people in the society and stay in your house.’”

The elder Khandaker said his son’s former friends also threatened to harm the family if they informed police about the looting.

“We did not file any case against them. If we file a case, they will do more harm and we can not stay in the society,” Khandaker said.

After receiving the threats from the local residents and Muslim leaders to remain confined to his house in front of his three sons and other relatives, Khandaker’s blood pressure spiked and he suffered a stroke, he said.

“Local doctors did not come to my house to treat me – they are afraid of the society and they also hate us,” he said. “I was taken to the hospital. The doctors did a brain scan and they said there was a hemorrhage on the left side of brain.”

The ostracizing of the elder Khandaker was especially painful during Ramadan, culminating with the festival of Eid al-Fitre on Oct. 2 after a month of day-long fasting and nightly feasting.

“Nobody, including neighbors and relatives, did come to my house, and I could not go to anybody’s house,” Khandaker said. “My relatives did not come lest they be in trouble. I was alone during the festival, and nothing has happened like this in my 65 years of life.”

Yet Khandaker said he does not want to deprive his son of his property and wealth. “If all of my property and wealth is destroyed, I can tolerate that, but one thing I cannot tolerate is to carry the coffin of my son on my shoulders,” Khandaker said.

Any unwillingness of authorities to defend the rights of Rashidul Khandaker or his Muslim family members against the threats against them would violate the freedom of religion asserted in the Constitution of Bangladesh, which states in Article 41.1 in Part 3 that every citizen has the right to profess, practice or propagate any religion.

“My son changed his faith according to his will, and our constitution supports this kind of activity,” the elder Khandaker said. “Why the constitutional rights should not be realized in the society?”

The social pressures also defy international human rights safeguards guaranteeing freedom of religion. Article 18 of the International Covenant on Civil and Political Rights (ICCPR) to which Bangladesh is a party, says that everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

“My son converted to Christianity according to his own will – we did not support it, and we are not converted. Why should we bear the brunt of his faith?” said the elder Khandaker. “I want to get rid of such a claustrophobic, social-outcast life for my son’s conversion to Christianity.”  

Report from Compass Direct News