U.S.
Department of State Human Rights Report 1998
The Constitution provides
for freedom of belief and the practice of religious rites, however,
the Government places clear restrictions on this right. Most Egyptians
are Muslim, but at least 10 percent of the population, approximately
6 million persons, belong to the Coptic Orthodox Church. There are
other small Christian denominations, as well as a Jewish community
numbering fewer than 50 persons.
For the most part, members of the non-Muslim minority worship without
harassment and maintain links with coreligionists abroad.
Under the Constitution, Islam is the official state religion and primary
source of legislation. Accordingly, religious practices that conflict
with Islamic law are prohibited. However, in most matters of family
law, Christians are subject to church law. While neither the Constitution
nor the Civil and Penal Codes prohibit proselytizing, Christians have
been arrested on charges of violating Article 98f of the Penal Code,
which prohibits citizens from ridiculing or insulting heavenly religions
or inciting sectarian strife. There were no reports of such arrests
during the year. Some Christians have complained that the Government
and security forces are lax in protecting Christian lives and property
(see Section 5). The EOHR and other groups reported that police in
the mainly Coptic village of Al Kush in Sohag governorate detained
and tortured a large number of citizens, including the relatives of
suspects, women, and children, during the investigation in August
and September of a double murder of two Copts. It is unclear whether
religion was a factor in the officers' actions. There are credible
reports that in the course of the interrogations the police disparaged
the religion of the detainees. However, most local Christian leaders
and human rights activists say the incident was not a case of religious
persecution or discrimination. They characterize it as an example
of systemic police brutality. However, confusion and suspicion about
police motives remain (see Sections 1.c. and 1.d.).
There are no legal restrictions on the conversion of non-Muslims to
Islam. However, Muslims may face legal problems if they convert to
another faith. In the past, authorities have charged a few Muslim
converts to Christianity under article 98f of the Penal Code.
In February the Government lifted travel restrictions that had been
imposed on four former Muslims who had converted to Christianity and
consequently been charged with violating Article 98f. Following their
arrest in 1990, the men were detained for 10 months until President
Mubarak ordered their release in 1991. However, at the time of their
release the Government did not remove their names from an immigration
"lookout list" that prohibits Egyptians involved in criminal
proceedings from traveling abroad without government permission. The
issue lay dormant until recently when the men began traveling. In
two separate incidents, one in late December 1997 and the other in
February, two of the converts were arrested at the airport and briefly
detained. Following these incidents, the Government removed the names
of all four converts from the lookout list.
In other cases involving conversion from Islam to Christianity, authorities
have charged converts with violating laws prohibiting the falsification
of documents. In such instances, converts, who fear government harassment
if they officially register the change from Islam to Christianity,
have altered their identification cards and other official identity
documents themselves to reflect their new religious affiliation. There
were no confirmed reports of individuals detained or charged during
the year under these laws. In 1997 human rights activist Mamdouh Naklah
filed suit seeking removal of the religious affiliation category from
identification cards. The court referred the case to the State Commissioner's
Office, which has not yet issued an opinion.
An 1856 Ottoman decree still in force requires non-Muslims to obtain
what is now a presidential decree to build a place of worship. In
addition, Interior Ministry regulations issued in 1934 specify a set
of 10 conditions that the Government must consider prior to issuance
of a presidential decree permitting construction of a church. These
conditions include the location of the proposed site, the religious
composition of the surrounding community, and the proximity of other
churches. The Ottoman Decree also requires the President to approve
permits for the repair of church facilities. In response to strong
criticism of the decree, President Mubarak in January delegated to
governors the authority to approve permits for the repair of church
facilities. Despite this action, the approval process for church construction
and repair remains time- consuming and insufficiently responsive to
the wishes of the Christian community. Although President Mubarak
has approved all requests for permits presented to him (reportedly
a total of more than 230 during his 16-year tenure), Christians maintain
that the Interior Ministry delays--in some instances indefinitely--submission
to the President of their requests. They also maintain that security
forces have blocked them from utilizing permits that have been issued.
During the 1990's, the Government increased the number of building
permits issued to Christian communities to an average of more than
20 per year, compared with an average of 5 permits issued annually
in the 1980's. During the year, the government approved a total of
30 permits for church-related construction, including 3 permits for
the construction of new churches; 10 permits for the construction
of additional church facilities; and 17 permits for churches previously
constructed without authorization. The Government reported that Governors
issued a total of 207 permits for Church-related repair during the
year; this total represents a significant increase in approvals. However,
the Government was unable to provide a breakdown by governorate. Unofficial
reports from the governorates vary. In January 1996, human rights
activist Mamdouh Naklah filed suit challenging the constitutionality
of the Ottoman decree. In December an administrative court referred
Naklah's case to a state body of legal experts. This decision was
considered a setback, as the body is not required to issue an opinion
expeditiously and its opinions are not binding. As a result of these
restrictions, some communities use private buildings and apartments
for religious services. In June state security forces shut down a
church in the Cairo suburb of Ma'adi. The building had been used for
several years for worship by the Coptic Orthodox community, although
the community never had received a response to its request for a permit.
In mid-October the Government permitted the church to reopen.
In 1952, the government seized approximately 1,500 acres of land from
the Coptic Orthodox church and transferred title to the Ministry of
Awqaf, which is responsible for administering religious trusts. In
1996 Awqaf Minister Hamdy Zaqzouq established a committee to address
the issue. Based on the committee's recommendations, approximately
500 acres have been returned to the church over the past 2 years.
The committee continues to study the return of the remaining disputed
property.
The Government continued its efforts to extend legal controls to all
mosques, which by law must be licensed. The Government appoints and
pays the salaries of the imams officiating in mosques, and proposes
themes for and monitors sermons. Of the country's approximately 70,000
mosques, nearly half remain unlicensed and operate outside the control
of government authorities. In an effort to combat Islamic extremists,
the Government has announced its intention to bring all unauthorized
mosques under its control by 2000.
Source: Country Reports
on Human Rights Practices for 1998, U.S. Department of State.
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