Anti-Atheist Campaign

Egypt A nation of 100 million people, an estimated 90% of whom follow Sunni Islam,[ref]Egypt – The World Factbook (cia.gov)[/ref] Egypt is a member of the League of Arab States (LAS), as well as the Organization of Islamic Cooperation (OIC). During the Arab Spring protests in 2011, long-time President Hosni Mubarak resigned and was later replaced in an election by the Muslim Brotherhood- supported Mohammed Morsi. Morsi was himself overthrown in 2013 leaving the country to be ruled by President Abdel Fattah el-Sisi. Since 2017, under the pretext of the fight against terrorism, the country has been living under a state of emergency that has given security forces unchecked power to repress dissent. Political opponents, human rights activists, freethinkers and LGBTI+ people are particularly vulnerable categories, while the government exerts a tight grip on the media and civil society organizations.[ref]https://www.hrw.org/world-report/2020/country- chapters/egypt; https://www.amnesty.org/en/countries/middle-east-and-north-africa/egypt/report-e gypt/[/ref] Constitution and Education and Family, Freedom of government children’s rights community, expression society, religious advocacy of courts and humanist values tribunals There is a pattern It is illegal or of impunity or unrecognised to collusion in identify as an violence by non- atheist or as non- state actors religious against the nonreligious Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non- religious It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities Constitution and Education and Family, Freedom of government children’s rights community, expression society, religious advocacy of courts and humanist values tribunals State legislation is Religious or Systemic religious Expression of core partly derived ideological privilege results in humanist from religious law instruction is significant social principles on or by religious mandatory in all discrimination democracy, authorities or most state- Prohibitive freedom or human funded schools interreligious rights is severely with no secular or social control restricted humanist (including ‘Blasphemy’ is alternative interreligious outlawed or marriage bans) criticism of Religious control religion (including over family law or de facto legislation on ‘blasphemy’ laws) moral matters is restricted and It is made difficult punishable with a to register or prison sentence operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization Constitution and Education and Family, Freedom of government children’s rights community, expression society, religious advocacy of courts and humanist values tribunals There is There is state There is systematic funding of at least significant social religious privilege some religious marginalisation of State-funding of schools the non-religious religious or stigma institutions or associated with salaries, or expressing discriminatory tax atheism, exemptions humanism or secularism Some religious courts rule in civil or family matters on a coercive or discriminatory basis Discriminatory prominence is given to religious bodies, traditions or leaders Legend Constitution and government The Egyptian legal system is based on positive (mainly secular) law, although it refers to Islamic hanafi law on specific matters. The Constitution places sharia and Islam at its core whilst only recognizing “Abrahamic” religions (Islam, Judaism and Christianity) as legitimate forms of worship. The 2014 Constitution[ref]https://www.constituteproject.org/constitution/Egypt_2014.pdf[/r ef] begins: “In the Name of Allah, Most Gracious, Most Merciful”, and part 1 of the document lays out the role of religion. Article 2 describes Islam as “the religion of the State. […] The principles of Islamic Sharia are the main source of legislation.” The influence of sharia is especially relevant in civil law, but also in certain criminal provisions – notably on blasphemy (see below). The Constitution formally recognizes the principle of equality, which appears both in the preamble (“We are drafting a Constitution that achieves equality between us in rights and duties with no discrimination”) and in the body of the Constitution (Art.4, Art.9, Art. 53). Art. 4 reads: “Sovereignty belongs to the people […]. They safeguard their national unity, which is based on the principles of equality, justice and equal opportunities between citizens, as provided in this Constitution”. Article 9 reads: “The state ensures equal opportunities for all citizens without discrimination”. Finally, as per Article 53, “Citizens are equal before the law, possess equal rights and public duties, and may not be discriminated against on the basis of religion, belief, sex, origin, race, colour, language, disability, social class, political or geographical affiliation, or for any other reason. Discrimination and incitement to hate are crimes punishable by law. The state shall take all necessary measures to eliminate all forms of discrimination, and the law shall regulate the establishment of an independent commission for this purpose”. Since 1913, the Egyptian Penal Code has not included an article on apostasy or conversion. However, conversion from Islam has legal consequences in family law, regarding marriage, child custody and inheritance (see below). Discrimination in practice Religious minorities and atheists still face discrimination in several domains. Article 3 of the Constitution only officially recognizes Christians and Jews as religious communities that have the faculty to refer to their own religious courts instead of Islamic law. No reference is made to atheists and religious minorities such as Bahā’īs and Jehovah’s Witnesses. Furthermore, the Constitution distinguishes between freedom of religion or belief and freedom to practice one’s religion. While stating that freedom of belief is absolute, “[t]he freedom of practicing religious rituals and establishing places of worship for the followers of revealed religions is a right organized by law” (Article 64).[ref]Emphasis added[/ref] Concerning atheists and agnostics, they are “one of Egypt’s least-protected minorities”, according to Human Rights Watch, and there has been a prolonged campaign to turn “youth” away from atheism, with several prominent atheists arrested and convicted.[ref]https://www.hrw.org/news/2015/01/13/egypt-3-year-sentence-atheis t[/ref] One of the most visible signs of discrimination against atheists, apostates from Islam and members of minority religions is the policy concerning the Egyptian State ID cards, which include a section on religion where only one of the three “divine religions” can be recognized. Many elderly members of Baha’i or other minority communities further lack birth and marriage certificates. In 2008 the situation slightly improved, when two Bahā’īs were given permission to use a dash (“-”) in the religion section.[ref]Moataz El Fegiery, Islamic Law and Human Rights: The Muslim Brotherhood in Egypt (Newcastle upon Tyne, UK: Cambridge Scholars Publishing, 2016), 168.[/ref] However, Baha’is still do not enjoy the right to have their religion recognized, nor to profess it in public. Muslim-born individuals who leave Islam are not allowed to change the religion field on their identity card. Only in a few cases in which Christians converted to Islam and subsequently returned to Christianity have the Egyptian courts, albeit inconsistently, allowed the change in the documents.[ref]Moataz El Fegiery, Islamic Law and Human Rights: The Muslim Brotherhood in Egypt (Newcastle upon Tyne, UK: Cambridge Scholars Publishing, 2016), 188-190.[/ref] Key constitutional developments In April 2019, the Parliament adopted constitutional amendments giving more power to the military and allowing President Al-Sisi to run until 2030.[ref]The Arabic text of the amendments is available here: https://www.youm7.com/story/2019/4/16/%D9%86%D9%86%D8%B4%D8%B1-%D 8%A7%D9%84%D9%86%D8%B5- %D8%A7%D9%84%D9%83%D8%A7%D9%85%D9%84- %D9%84%D9%85%D9%88%D8%A7%D8%AF- %D8%A7%D9%84%D8%AA%D8%B9%D8%AF%D9%8A%D9%84%D8%A7%D8%A A- %D8%A7%D9%84%D8%AF%D8%B3%D8%AA%D9%88%D8%B1%D9%8A%D8%A 9-%D9%82%D8%A8%D9%84-%D8%B3%D8%A7%D8%B9%D8%A7%D8%AA- %D9%85%D9%86-%D8%AA%D8%B5%D9%88%D9%8A%D8%AA/4208464[/ref] These amendments decisively expand the role of the military: they entrust the armed forces with the protection of the Constitution (without giving information on how this authority will coordinate with the legislative and judiciary power) and with safeguarding “democracy, maintaining the foundations of the state and its civilian nature, the gains of the people, and the rights and freedoms of the individual”;[ref]https://timep.org/reports-briefings/timep-brief-2019-constitutional -amendments[/ref] furthermore, the amendments broaden the military jurisdiction over civilians to cover all “attacks directed against the military“, while before the Constitution mentioned “direct attacks”, thus making the provision broader and more arbitrary.[ref]https://timep.org/reports-briefings/timep-brief-2019-constitutional-a mendments/[/ref] Members of secular and leftist parties that have openly opposed these amendments have been investigated by the authorities: one of them is Hamdeen Sabbahy, political leader of the Egyptian Popular Current.[ref]https://www.hrw.org/news/2019/04/20/egypt-constitutional-amendme nts-entrench-repression[/ref]

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