Today’s ruling by Egypt’s Supreme Administrative Court allowing 12 Christian converts to Islam to “re-convert” back to Christianity is a welcomed rejection to the government’s policy of religious discrimination, Human Rights Watch and the Egyptian Initiative for Personal Rights (EIPR) said today. The two organizations urged the government to take immediate steps to correct its systematic policy of forcing converts from Islam to accept a religious identity that was not their own in order to obtain essential identification documents.
“The judges’ decision marks a happy ending to an absurd and unnecessary court fight,” said EIPR director Hossam Bahgat. “It was only the stubborn insistence of Interior Ministry officials to place their prejudice above the law that made it necessary to go to court at all.”
In today’s ruling, the Supreme Administrative Court overturned an April 2007 lower court decision which upheld the government policy of refusing to reflect in mandatory national identification cards the conversion back to Christianity of citizens who had earlier converted to Islam. The policy is not based on any Egyptian law, but on what government officials understand to be the Shari`a, or Islamic law, prohibition against apostasy. National ID cards are necessary for education, employment and the most basic financial and administrative transactions.
In a joint report issued on November 12, Human Rights Watch and the EIPR documented 211 similar lawsuits that went before Egypt’s administrative judiciary in Cairo since April 2004. In all of these cases, the plaintiffs were challenging the policy of the Interior Ministry’s Civil Status Department to misidentify them as “Muslim” in official records, forcing them to be subject to Muslim family law and predetermining the religious affiliation of their children and the mandatory religious education they will receive in public schools.
The report, titled “Prohibited Identities: State Interference with Religious Freedom,” also documents how the government automatically “converts” Christian children to Islam if one of their parents, usually the father, converted to Islam, without regard to their wishes and often without their knowledge. Muslim-born converts to Christianity are similarly denied identification documents reflecting their conversion and are often subject to official and social harassment, detention, and sometimes even torture by security officers.
“The state should not be in the business of controlling traffic between religions,” said Joe Stork, deputy Middle East director at Human Rights Watch. “Today’s court decision will have repercussions that apply to all Egyptians wishing to change their faith without facing administrative or criminal punishment.”
The EIPR had intervened in the 12 cases in support of the plaintiffs and submitted a brief outlining the government’s obligation under Egyptian and international human rights law to respect freedom of religion, including the right to change one’s religion.
“There may be situations where there is a need to reconcile Shari`a and international human rights standards, but this is not one of them,” Bahgat said. “There is no agreement among Islamic jurists that there should be any worldly punishment for leaving Islam.”
