Egypt's Baha'i Case: THE REAL ISSUES AND FACTS

It should be understood precisely what is at issue in this case. Egyptian Baha'is must have in hand the new National ID Card before the deadline of 31 December 2006, on which all Egyptian citizens must carry the new ID Card at all times. The application form requires the applicant to state his or her religion. It also requires the applicant to declare “that all details in this application are correct and real; I accept responsibility for consequences, with the full knowledge that providing any incorrect information in this application is considered forgery of official documents and is legally punishable according to the articles of the penal code”. This, of course, places the Baha’is in an untenable situation, since they have been told explicitly by government officials that they are not permitted to hold identification in which the space for religion specifies “other” and that they must “choose one of the three religions”

Here are the real issues and facts pertaining to this case:

1) This case is not about the Egyptian government’s accepting the divine origin of the Bahá’í Faith.

2) It is, rather, about how Egyptian Bahá’ís, who are under the same obligation as all other Egyptian citizens to obtain government-issued identification cards, can do so without being falsely identified on these documents.

3) The government has an application form for the identity card in which a person has to state his or her religion. That same application form requires the applicant to declare “that all details in this application are correct and real; I accept responsibility for consequences, with the full knowledge that providing any incorrect information in this application is considered forgery of official documents and is legally punishable according to the articles of the penal code.”

4) For a Bahá’í to declare his or her religion as something other than the Bahá’í Faith is both untruthful and unconscionable as a matter of Bahá’í principle; the foregoing statement on the application form also makes it an offence punishable by law, and yet Bahá’ís are being told by officials of the Egyptian government that they must declare themselves to be either Muslim, Christian or Jew (i.e., make a false statement and thereby commit a legally punishable act).

5) Bahá’ís have been told explicitly by government officials that they are not permitted to hold identification in which the space for religion specifies “other” and that they must “choose one of the three religions.”

6) Nevertheless, a few Bahá’ís have been issued identity cards in which their religion is specified as “other”, and, in at least one case, a death certificate with a dash in the space for religion, both of which are acceptable to the Bahá’ís. It is, therefore, possible to have this designation on the card, but government officials are refusing to allow for it and in at least one instance have stated that a card that has “other” written in the space for religion is illegal.

7) Unworkable suggestions, such as using a passport in place of the identity card, will not alleviate the daily practical problems faced by Bahá’ís. Such approaches also discriminate against the Bahá’ís, as all other Egyptian citizens are issued identification cards.

8) Since the identity card is essential for daily transactions and the leading of a normal life in Egypt, it follows that to receive the identity document is the civil right of all citizens. The government requires by law that all citizens carry such a document; therefore, it is wrong to make this a matter of religious fervor. Many Muslims live in countries where the majority of the people and religious institutions do not accept the divine origin of Islam but such Muslims rightfully expect to be granted their full civil and human rights, which is merely what the Bahá’ís are asking: to be granted their right as loyal citizens of Egypt to receive government-mandated identity documents that do not misrepresent their religious faith.

9) In view of the foregoing circumstances, the burden is on the government to define the procedures so that Bahá’ís can obtain official identity documents that do not misrepresent their religious affiliation. The government cannot deny civil rights to its citizens, who have demonstrated their obedience and good faith, simply because of their personal beliefs.

The English translation of the application form for the Identity Card is posted below. The original Arabic version is also posted as attached images. To read the form clearly, please click on each image:

[TRANSLATION FROM ARABIC]

[Translator’s notes appear in square brackets [ ].]

[Page 1]
Arab Republic of Egypt Total Cost: 15 E.G.
Ministry of Interior National Number [Project/Bill?]
Civil Affairs Section Application for Personal Identification Card
0371920327 According to Law 143 of 1994

1st time/replacing lost/replacing damaged/change in details

Personal Details
Name: 1st Name Father’s Full Name:
Date of Birth: Mother’s Full Name:
Place of Birth: Province Centre/Sector Village/Sheikhdom
Religion: Type [sect]: Social Status: Single/Married/Divorced/Widowed
• Where National Number is obtained: National Number:
• Where National Number not obtained:
• No. of current card: Personal/Family: Civil Register: Province:
• No. of Foreign Passport: Country Issued: Date of Issue:

Residential Details
Bldg. No.: Street:
Floor: Apartment: Tel.: Village/Estate/Farm/Lot:
Sheikhdom/Village: Sector/Centre: Province:

Employment Details
Employed: Unemployed:
Current Proven Employment: Date Started:
Address of Work Place:
Government: Public sector: Private sector: Other:
Commercial Register Office: File No:

Declaration by Applicant and Employer
I, ……., declare that all details in this application are correct and real; I accept responsibility for consequences, with full knowledge that providing any incorrect information in this application is considered forgery of official documents and is legally punishable according to the articles of the penal code.
Applicant’s signature:
All details above have been checked and are identical to employment file.
Name of Body:
Name of Responsible Person: Signature: Work Stamp:

[Page 2]
Educational Details
Highest qualification: PhD / MA / High Qualification / Above Average Qualification
High Sch. or Intermediary Diploma/Intermediary Sch/Primary Sch./Read &Write/
Illiterate
Name of qualification: Year Obtained:
University/Ministry: College/Institute/School:

Military Service Details
Armed forces / Police:
Status of conscription:
Temporary Exemption/ Permanent Exemption/ Have served/service postponed/ not called yet/position not yet decided.
Military Service card No.: Date of Application:

Voting Area Details
Citizen chooses his voting area from one of the following:
Birth Place: Place of Residence: Place of Work: Place of Family Residence:
Place of a business interest:
Province: Sector/Centre: Sheikhdom/ Village:

For Official Use Only
Place of Issue: Place of
Name of Applicant: Result of Application: Stamp or Signature:
I have perused supporting documents supplied by the citizen:
Proof of place of residence Commercial register
Personal Identification Document Educational Qualification
Marriage certificate Proof of profession or employment
Name of Person checking legal matters: Result: Signature:
Work Order No: / Photocopy: Signature:
Name of Person following up: Checker:
Production Order No:
Quality 1: Quality 2: Retain:
Reason for re-production:
Photocopying: Preparation: Follow-up: Revision: Quality: Citizen:
No. of order for re-production: Signature:

[Page 3]
Family Details
This section must be filled out for every marriage, current or ended which results in children.

Name of Wife/Husband:
If National No. has been obtained. National No:
If National No. has not been obtained:
No. of current card: Personal/Family: Civil Register: Province:
No. of Foreign passport: Country of Issue: Date of Issue:
No. of Marriage Certificate: Date of Marriage: Place of Marriage: Province:
Status of Marriage: Current: Ended by Divorce: Ended by Death:
Date of Divorce/ Death:

Children from this Marriage
*Date of death should be noted in the space for notes for deceased children
Name of son/daughter Date of Birth Place of Birth Type Notes Result
of search
Province Sector/Centre Sheikhdom/
village
[the information in this section is in a table format]
.............................................................

Arab Republic of Egypt
Ministry of Interior - Civil Affairs Section
Application for Personal Identification Document
Name: Date for receiving document:
1st Place for receiving document : 2nd Place:
In the case of applicant not arriving at 1st place for receipt of document, forward after 2 weeks to 2nd place.

[Page 4]
General Instructions
Documents Required:
- Copy of personal or family ID or any official document that can prove identity (authenticated copy)
- Copy of birth certificate, if available.
- For wives, bringing authenticated copies of marriage certificate or family ID or husband’s family ID.

Employment Documents:
- Signature of the relevant Union on the application for unionized professions (engineers, lawyers, journalists, etc.)
- Signature on application from government civil service, or work sector or educational authority.
- Signature from social works departments for those employed by others.
- Enclosing an authorized copy of educational qualification if required and not documented with previous ID.
- Signature from support agency (for those receiving benefits) if not part of previous ID documentation, or enclosing a statement of benefit income.

Place of Residence Documents:
- Address on application must be proven by personal or family ID; if to be changed, a recent electricity, water, gas or telephone receipt; or a confirmation from government employee or current rent payment, must be submitted.
- It is possible to change the place of residence for a relative if relative authorizes this in front of relevant officer.

General Instructions:
- Details must be carefully filled in clear handwriting for those who are 16 years and above, males and females.
- The citizen is responsible for expenses incurred for re-issuing ID in cases of incorrect or unclear details, as well as legal consequences.
- Please check all details on the issued document.
- In cases of multiple wives, additional family forms must be filled (free of charge) and enclosing copy of marriage or divorce certificates.
…………………………………………………………………………..
Arab Republic of Egypt 0371920327
Ministry of Interior – Civil Affairs Section
Receipt
Application for Personal Identification Document
Keep this receipt and submit on the appointed day to receive your new ID.
..............................................................................................
Translated by: MW