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عادل جندي

Arabic


Towards the Restoration of Full Citizenship Rights to Copts in Egypt

Adel Guindy

A great deal has been said over the past several years concerning the Copts, and the harsh situation they are facing in Egypt.
But one must be careful on how to diagnose the issue.
Their problem cannot be categorized as one of ‘terrorism’: Even if Copts paid a heavy price and had a disproportionate share of victims, they were not the only ones to face the acts of extremist groups.
Besides, and this is more important, some of the atrocities that befell them (such as in El-Kosheh) were actually perpetrated by ‘normal’ people, sometimes neighbours, who had acted despicably because of incitement and other reasons linked to a prevailing culture of hate.
Nor could the problem be seen, in Human Rights terms, as one of a population group seeking the right of self-determination.
The Copts have always maintained that they stand for a united Egypt where all citizens live side by side in peace, harmony and equality.
They are, as is often said, part of Egypt’s ‘national fabric’, but they do expect to be treated on an equal par with their fellow-citizens.
Theirs is a case of a religious minority looking for full recognition and integration, enjoying all rights and duties, in their country, while preserving their cultural heritage.
(This, incidentally, is an ancestral heritage to all modern-day Egyptians, and hence is not simply the prerogative of Copts).
In other words, the prognosis of the Copts’ situation should, in fact, be summed-up under one heading: being deprived of full citizenship rights in their homeland.
In ‘medical’ terms this could be restated as Rights of Citizenship Deficiency Syndrome (RCDS)! Some would say that Egypt is facing a myriad of problems: the ‘Coptic issue’ being only one of them, but not regarded (by the government or the society at large) among the most important at that; as Egypt eventually embraces modernity and develops economically and politically, the problem of Copts would be resolved.
There may be some truth in such claims, but one must quickly emphasize three points.
First, is to reject the fallacy that the Coptic issue could automatically (or magically!) be cured, at some undefined point in the future, without specifically addressing its roots now! Second, is that progress could, and should, occur on multiple fronts, with a continuous feedback process positively supporting the other fronts.
(For example, progress on human rights standards in general, on women’s empowerment and on the Coptic issue, would certainly be mutually supportive).
Third, is that tangible progress in resolving the Coptic issue would, in itself, be an indication that Egypt is successfully embracing modernity.
The reverse is also true: Egypt cannot pretend to be progressing nor embracing modernity, without fundamentally curing itself from that ‘RCDS’! Based on the above-stated ‘prognosis’, we can proceed to propose a ‘pre******ion’.
To be specific as much as possible, we offer here a number of remedial actionable points to help cure the problem.
Promoting them as objectives, will inherently promote the general good of Egypt, as they will help make it a modern (i.
e.
pluralistic, secular, democratic) and prosperous nation, well worthy of its seven millennia history.
1) Implement Political and Constitutional Reform: a) Modify Egypt’s Constitution to emphasize the secular nature of the State, the absolute equality of rights and duties and political participation of all citizens irrespective of belief, or any other distinctive traits.
The constitutional change making Islamic Jurisprudence (Shari’a) the principal source of legislation, which was introduced in 1981 against national opposition from Copt and Muslim liberal intellectuals alike, has opened the door to relentless political violence endangering the stability of the country, harming its national unity, dangerously mixing religion and politics and rendering the Copts to a position akin to the historical Dhimmi status.
In fact Egypt, Yemen and Qatar (!!) are the only three Arab countries that make such a stipulation.
(Saudi Arabia has no constitution other than the Quran).
Consequently, this makes Egypt the ONLY country in the world which imposes the religious code of the majority on its considerable religious minority.
Imposing Shari’a-inspired laws is at the same time discriminatory and goes counter to the established universal human rights values.
b) Explicitly state in the constitution that Universal Human Rights Declarations take precedence over any other constitutional or legal texts.
Enshrine values of guaranteed liberties, to ensure that democracy would mean, in practical terms, the participation of all social groups (especially those marginalized) as key bases for the socio-political reforms that Egypt needs; and not simply a ‘ballot-box’ exercise in demagoguery eventually leading merely to the legalization of a (theocratic) dictatorship.
c) Abolish all laws, regulations or procedures that restrict the right to freedom of conscience, or those applied only to non-Muslims limiting their right to freely practise their faith.
The "Hamayoni decree" (which dates back to 1856, during the Ottoman era), and all related humiliating conditions, on the building of places of worship, is a prime example.
d) Replace the current policies of treating ‘matters related to Copts’ as a ‘security issue’, with a transparent organism under the direct authority and responsibility of the President, who should be a president of ‘all Egyptians’ and the guardian of the national unity.
Such national unity must not mean the ‘tyranny of the (religious) majority’.
e) Lay down legal rules and measures to eliminate all forms of discrimination based on religion, in matters related to legal or administrative procedures, education, culture, employment and promotion.
f) The State should strictly respect its secular nature, and consequently pull out from, and avoid meddling in, all activities of religious nature or related to promoting a particular religion.
The nature and role of institutions such as the syndicates and professional societies must be kept strictly in the civil domain.
2) Change the Climate of Intolerance: a) Ensure that all school curricula are free of denigrating references to non-Muslims and to their religions; and encourage the acceptance and respect of the ‘different other’.
Mandatory courses in human rights and should be taught in all public schools.

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b) It must not be the role of the State’s public education system, as is the case currently, to teach (indeed preach!) a religion from a (biased) theological point of view; but rather in reference to a cultural and societal context, and with an aim to imbibe tolerance, respect of other beliefs and a genuine sense of human equality rather than the self-claimed ‘superiority’ of a particular faith.
c) Criminalize hate campaigns and propaganda, whatever their source, whether it is media or religious organizations and figures.
Frequently published literature labeling non-Muslims as "Kafirs" (infidels) - in addition to treating them as inferiorsamounts to nothing but an open incitement of various forms of violent acts against them.
3) Reverse the Exclusion and Marginalization of Copts: a) It is essential that the government of Egypt issue an accurate census reflecting the true number of Copts.
The latest official census (in 1996) puts the number of Copts at 3.
6 million (which is about the same level as reported in the 1950s, whereas the general population almost tripled during the same period!) Such figures grossly underestimate all independent and most reliable estimates.
b) Copts must be fully and adequately represented in all elected and appointed legislative and administrative institutions.
The current situation, where Copts are hardly present, or are severely under-represented, is unacceptable.
While we do not favor a system permanently based on proportionality, we believe that such an approach is needed at the present time, as an interim measure.
Applying the principle of affirmative action, would correct past injustice and guarantee the participation of Copts in the running of the affairs of their country alongside their Muslim compatriots.
Allocating about 15% of all Assembly and Council seats to Copts is considered a necessity to re-establish needed political and psychological equilibrium.
c) Revise the educational curricula to cover the Coptic era in Egypt’s history, and emphasize the Coptic culture as a key tributary to the culture that all Egyptians share today.
d) Use similar standards of space- and programming time- allocation across national media which are financed by all tax-payers, and consequently augment the abysmal portion now allotted to cover Coptsrelated issues.
e) Emphasize that the Egyptian national identity should be founded on genuine Egyptian traits, based on patriotic and national cohesion, rather than religious identification.
Openness toward modern universal values and religious tolerance and understanding should become part of those Egyptian qualities.
4) Eliminate Discriminatory Practices: a) Dissolve tangible distinction among citizens by eliminating any requirement to state one’s religion on official documents such as ID cards, application forms; with the exception of the birth certificate.
b) Fully abide by the principle of freedom of conscience, and apply similar rules to freedom of belief and conversions to all citizens.
Abide by the specific religious creeds of non-Muslims with regard to their family status issues, rather than revert to Shari’a rules.
c) Ensure that all job appointments are based only on merit and adequate representation.
This is especially important in cases of ‘highly visible’ posts, from which Copts are currently excluded, such as senior Cabinet positions, governors, city executives, university and faculty deans, and high-ranking positions in the media, military and police (including State Security).
The same applies to enrollment into military academies, or to teaching positions appointments at universities, or for judiciary and diplomatic corps(1), where upper ceilings on Copts (typically 1- 2%) are currently imposed.
d) Eliminate religion-based discriminatory attitudes, such as those practised by some individuals in influential positions in the government, and the public or private sectors; and explicitly outlaw and punish perpetrators of such behaviors.
e) Abolish the religion-based duality in the educational system.
The current situation of a ‘Muslimsonly’ parallel educational system has grown 300 times in the past three decades, to currently encompass over 1.
5 million students.

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There must be one national education system open to all citizens.
Specialized schools, preparing personnel for religious institutions must be kept only for that specific purpose, and related curricula need to be supervised to ensure that they abide by the spirit and letter of Human Rights standards.
f) Respect all religious and charitable endowments in equal and lawful manner, and return all seized assets and estates to the original proprietors.
g) Respect the fact that expatriate Egyptians, with dual citizenship, are loyal Egyptians and have under International Law the right to enjoy their political rights and freedoms as citizens of both their birthplace country and their adopted one(2).
5) Halt the Harassment of the Copts: a) Apprehend and punish, according to the law, those who attack or persecute Copts, and adequately compensate the victims.
The local authorities, who are usually capable of taking decisive measures when government officials or tourists are targeted, should not become lax (if not complacent) when it comes to Copts.
b) Eliminate reported bias by the police and other local authorities in cases of forced conversions to Islam.
Documented evidence indicates the systematic use by certain fanatic individuals and groups of various means of coercion and undue pressure, especially on weaker members of society such as young girls and the poor.
In that respect, modify the current law allowing the conversion (to Islam) of minors: Youngsters who require parental approval to marry if they are below twenty-one, can now convert as of the age of sixteen; an anomaly used by fanatics in their proselytizing zealotry.
c) Ensure that the conversion of any individual should, under NO circumstances, lead to coercing any other family member against their free will, nor forcing minors to follow the new faith of a converted parent.
d) End the practices seen in numerous Egyptian villages (often with the knowledge of local authorities) whereby "Jizyah" is imposed on Copts by fanatic groups, mixed with bandits.
If they fail to pay, or if they complain, their lives and properties become jeopardized.
In despair, many Copts have had to abandon their homes and flee to live in the slums of larger cities.
e) Objectively investigate incidents of abuse, humiliation, persecution and violations of the rights of Copts as humans, and punish those responsible for such incidents.
Outlook The above-stated objectives are non-sectarian and relate only to the most basic human and citizenship rights and, hence, should be acceptable to most reasonably-minded people.
They are believed to be quite actionable, yet will require tremendous efforts by a great number of good-willed people in order to become realities on the ground; for the hurdles are by no means minor.
Some of these are: 1- The higher authorities in Egypt have yet to admit in public the fact that the Copts are facing any particular problems.
When confronted, they keep repeating, instead, that the Copts are treated as they should (?!) In fact, it has been reported that the president personally holds such views and sees no need for any broad-based actions(3) or policy changes!(4) 2- The holding grip of Islamic and Islamist extremism on society and on the governmental apparatuses is, if anything, on the rise in Egypt.
Counter-actions by the ruling clique remain largely a matter of power struggle, rather than being based on a different progressive vision.
3- With rare exceptions, the media in Egypt are usually quick to brand any caller to resolve the Coptic issue as ‘sectarian’ at best, if not ‘working with the enemies to harm the national unity’, or outright ‘traitor’.
4- As the various political parties come-up with projects on political reform in the country, it is astounding (and quite saddening) to notice that little, if any, mention is devoted to the critical issues of building a secular state and resolving the Coptic issue.
5- Copts are pacifists and would not contemplate using violence in any form to attain their objectives.
Instead of being appreciated for such noble attitudes they, in a world where only violence seems to be effective, tend to be ignored as a negligible minority, of little weight.
6- Many Copts have, after centuries of relentless oppression, resigned themselves to the dhimmi status.
Some have even become dhimmis by choice, and admirably excel at the role of denying or even justifying flagrant discriminatory policies! The government usually rewards those by appointment to the posts it wants to ‘grant’ to Copts.
7- Attempts by some Copts to engage in dialogue with Egypt’s officials have so far been largely unsuccessful.
Initiatives have been simply ignored, or used to pacify those behind it with little real progress.
But despite such hurdles, and others, one should still retain certain optimism and strive for actions to be initiated today, even if the fruits may take a generation (or more!) before they come about.
The following points should be taken into account: 1- It is obviously the duty of ALL Egyptians, in full partnership of various sectors and groups of society, as well as other interested advocates of human rights the world over, to work towards achieving the above-stated objectives.
2- It is also obvious that Copts must assume their responsibility in effecting the needed change through full participation in building a better Egypt and rid themselves of their (true or perceived) passiveness.
Rights, no matter how fair and obvious, are usually never granted; but extracted.
3- A just and prompt solution to the Copts’ concerns and grievances in Egypt, within the country, by the relevant authorities is naturally preferable.
But one must also emphasize that in today’s world the issues of human rights, minorities’ and peoples’ rights are no longer a mere local or internal affair.
They are global concerns and occupy a prime position in international affairs.
Moreover; according to national and international laws, it is fully the right of Copts to seek foreign support, known as ‘influential mediation’ (which is not foreign intervention’ in the traditional sense) by the international community(5).
4- Dialogue is welcome, indeed necessary, with government officials and political leaders in Egypt as well as members of NGO’s, intellectuals, public figures and all those who care to appreciate the very basic right, the right of equality, for which the Copts are calling.
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Finally, we call upon Egypt to create in earnest a special ‘Citizenship Rights Commission’, reporting to the president directly and composed of an equal number of reputed Muslims and non- Muslims.
Its mandate shall be to examine all laws, regulations, policies and practices currently in place with a view to recommend and oversee changes needed to establish complete and equal rights to all citizens.
Indeed; if the political will was there, the ‘Coptic problem’ would be solvable rather quickly and equitably.
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1 A review was done by the author on the heads of Egyptian diplomatic missions abroad (ranks of ‘ambassador’ and ‘consul general’), based on information available on the website of the Foreign Ministry: Out of 151 names listed, three are Copts and up to two others could (based on their names) be Copts as well.
Hence, their ratio would be at best a meagre 3.3%.
2 Refer to ‘A Coptic Blueprint for a Modern and Democratic Egypt’ by Nabil Malek.
3 Refer to ‘En attendant la prochaine lune’ by Boutros Boutros-Ghali (Bayard, Paris), page 201.
4 Two recent changes ought to be mentioned here: 1) the ‘delegation of the authority of the president’ to governors in issuing construction permits necessary to conduct repair in places of worship.
In practice, this has reduced the embarrassment of having the president himself sign decrees authorising the repair of a broken window (or a toilet) in a church; but still left the entire matter up to the whims of local security authorities.
2) Establishing the Coptic Christmas day as a notional holiday.
This was a good gesture, even if some people consider it as merely for pacification, while avoiding the resolution of the real issues.
5 Refer to ‘The Universality of Human Rights’, by Dr.
Selim Naguib

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translated by Watani newspaper

http://www.watani.com.eg/modules.php...rticle&sid=570