Seeking Justice


Category Archive

The following is a list of all entries from the Identification Cards category.

Positive Developments in Egypt

As described in detail on the blog The Baha’i Faith in Egypt, the Egyptian government is proceeding with granting Egyptian Baha’is identification cards in an orderly manner.  This positive development follows the January 29, 2008 ruling of Cairo’s Court of Administrative Justice allowing Baha’is to obtain ID cards with dashes in the religion field, and the March 16, 2009 final ruling of the Supreme Administrative Court of Egypt denying an appeal of the January 2008 ruling and upholding the right of Baha’is to obtain identification documents.

These developments reflect the promotion of justice and tolerance by both the Egyptian judiciary and the executive arm of the Egyptian government responsible for enforcing the court decisions and issuing the cards, and indicate that Egypt is on a path to treating its citizens with dignity and respect and allowing them to contribute on equal footing to the advancement of Egyptian civilization.


Hearing on Rights of Egyptian Children and Student Postponed Yet Again

As was noted on The Baha’i Faith in Egypt, the cases before Cairo’s Court of Administrative Justice involving twin children Emad and Nancy’s request to obtain birth certificates and a student who needs an ID card to re-enroll in university, were postponed yet again on December 25. The sole reason these individuals are not able to obtain these critical government documents is because they adhere to the Baha’i Faith.  This constitutes the fifth postponement of the final determination of these cases, which seek to obtain official documents for these Egyptians, irrespective of their religious belief. The court stated that it was postponing its ruling until January 22, 2008.


Respecting Public Order and Morals

In the December 16, 2006 decision of the Supreme Administrative Court of Egypt, the issue of respecting public order and morals was raised as a rationale for the denial of the right of religious minorities, such as the Baha’is, to obtain civil ID cards. In reviewing the court case, many fair-minded observers, including dear readers of this blog, noted that the issue of public order was in no way connected with the central legal question at the heart of the case: whether all Egyptians were entiled to obtian ID cards.

Several questions can be raised about a public order rationale as a basis for denying a certain group of individuals the right to obtain a civil ID card. First, are not public order and morals furthered when all citizens are duly registered with the state?

Second, though the issue of public order and morals was irrelevant to the central issue of the case, nevertheless, on investigation of the teachings and practices of the Baha’i community related to public order and moral life, one finds that a fundamental principle of Baha’i membership is that one be obedient to one’s government, that one not take part in partisan politics, or seek to stir disorder in society. From the inception of the Baha’i Faith, obedience to just government has been a primary principle of belief. As described in the Baha’i writings:

“According to the direct and sacred command of God…[Baha’is] must obey and be the well wishers of the government of the land, regard disloyalty unto a just king as disloyalty to God Himself and wishing evil to the goverment a transgression of the Cause of God.”

Furthermore, the exercise of a moral life in the Baha’i Faith is regarded as a “spiritual prerequisite” of all activity. According to the Baha’i writings “these requirements are none other than a high sense of moral rectitude in their social and administrative activities, absolute chastity in their individual lives, and complete freedom from prejudice in their dealings with peoples of a different race, class, creed, or color.”

Certainly such teachings, which are common to the pure precepts of all religions, are not contrary to public order and morals. Would not equal entitlement to the rights of Egyptian citizenship, including to those who are the adherents of such principles, further the aim of establishing public order and morality?


Egypt’s Constitutional Proclamation: Ideals to Strive For

Previous posts on this blog, examining the decision of the Supreme Administrative Court of Egypt to deny the Baha’is of Egypt access to identification cards, have focused on how this action is a gross violation of Egypt’s obligations under international declarations and covenants to which it is a signatory, and how the reasoning of the Court totally obscured the actual issue that was before it. In addition, the Court’s decision is incompatible with the lofty principles enunciated in Egypt’s own Constitution, the seminal legal document upon which the laws of Egypt are founded and to which the Court’s legal analysis is bound.

The Egyptian Constitution begins with a Constitutional Proclamation, setting forth the principles upon which the rest of the Constitution is based. In the Constitutional Proclamation, we find the following:

We, the Egyptian people, in the name of God and with His assistance pledge to indefinitely and unconditionally exert every effort to realise:

Peace to our world:
Being determined that peace can only be based on justice and that political and social progress of all peoples can only be realized through the freedom and independent will of these peoples, and that any civilization is not worthy of its name unless it is free from exploitation whatever its form. (emphasis added)

These words provide much food for thought concerning the decision of the Court to deny the Baha’is of Egypt access to national identification cards–preventing them from gaining access to health care, employment, and education, among other basic civil rights–solely on the basis of their religious belief. The proclamation asserts that “social progress of all peoples can only be realized through the freedom and independent will of these peoples.” Where is the freedom and independent will in forcing citizens of Egypt to identify themselves as members of one of only three religions–Christianity, Judaism, or Islam–in order to obtain identification cards? What effect might this have on the “social progress of all peoples?”

Moreover, consider the statement that “any civilization is not worthy of its name unless it is free from exploitation whatever its form.” Exploitation is commonly defined as using someone else unfairly to your own advantage, but, as the Proclamation states, it can take many forms, all of which are pernicious. One example of the exploitation that the Baha’is of Egypt face, pointed out recently on Bilo’s blog, is that despite the fact that the Egyptian Baha’is are being denied access to basic civil rights on account of their religious belief, they are still required to pay taxes to the government of Egypt. As one commentator put it, the Egyptian Baha’is have been rendered faithless and stateless, and yet the government is still trying to wring a few last drops of pecuniary benefit out of them.

As the Proclamation rightly points out, to be worthy of classification as a civilization, the Egyptian government must rise to abolish this exploitation, which it could do with minimal effort, by allowing Egyptian Baha’is to place a “dash” in the religion field of their identication card paperwork. Thus would the actions of the Egyptian government be increasingly harmonized with the clear principles upon which its own Constitution is founded.


Promoting Freedom, Justice, and Peace

In addition to being a signatory to the Universal Declaration of Human Rights, Egypt is also a signatory to the International Covenant on Civil and Political Rights. Egypt signed the International Covenant on August 4, 1967 and ratified it on January 14, 1982. This noble document is premised on the notion that “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.” This lofty statement places into broader context the nature and ramifications of the denial of a group of Egyptian citizens access to identification cards entitling them to basic civil rights solely on the basis of their adherence to the Baha’i Faith.

In unambiguous terms, Article 2 of the Covenant states that each signatory must safeguard the rights of all human beings in its territory:

Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. (emphasis added)

Among the rights recognized in the Covenant, is the following, contained in Article 18:

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.

No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice. (emphasis added)

Given that Egypt is a signatory to the Covenant containing these protections and guarantees, it is difficult to conceive of a basis on which the Egyptian government could justify a denial of the request of the Baha’is of Egypt to be able to include a “dash” in the religion section of their identification cards, in order to obtain the cards and the basic civil rights to which their holders are entitled.

One hopes that the Egyptian government will soon rise to meet its responsibility to recognize the inherent dignity of all of the citizens of Egypt, regardless of creed, under this glorious Covenant, and thereby play its part in building the foundation of freedom, justice and peace in the world.


Obscuring the Issue

One of the fundamental flaws in the December 16, 2006 decision of the Supreme Administrative Court of Egypt, which denied the Baha’is of Egypt access to national identification cards, is that it focused primarily on an issue that was not germane to the claim brought by the plaintiffs in the case–a Baha’i couple who had their identification cards and passports confiscated after they applied to have their daughters added to their passports. All that this family sought was to be issued identification cards, which entitle the holder to basic rights of citizenship, yet the court responded to their claim, often in an inflammatory manner, as if it were a quest for official recognition of the Baha’i Faith by the Egyptian government. As one astute observer from the Cairo Institute for Human Rights Studies put it:

. . . the arguments [of the court] indicated that the interpretation of Article 46 of the 1971 Constitution on the freedom to practice religious rites applies only to the three divine religions, which is totally at odds with the case at hand. The [case at hand] was not totally concerned with the freedom to practice religious rites but was seeking an outlet to the predicament of the Egyptian Ministry of Interior’s denial to some members of the Baha’i faith the right to issue official documents.

As recognized by the ruling of the lower administrative court in this case and countless commentators, allowing citizens of Egypt to have their religious status properly stated on official documents does not require official recognition of the Baha’i Faith by the Egyptian government, nor does it relate to the practice of religious rites by Baha’is in Egypt. Moreover, alternatives have been suggested to the listing of “Baha’i” as a category on official documents, such as eliminating the religion category entirely or allowing for an “other” response in the religion section of the card.

Ironically, one of the best statements regarding the personal nature of religious belief, demonstrating its irrelevance to the issuance of national identification cards, comes from the Supreme Administrative Court’s own decision! In an earlier part of the December 16, 2006 opinion, the court held:

Every human being has the right to believe in the religion or belief that satisfies his conscience and pleases his soul. No authority has power over what he believes deep in his soul and conscience.

Surely when the spirit of these noble words is implemented, Egypt will have taken a giant step towards realising its glorious destiny!