Egypt Can Flourish by Implementing Its Constitutional Guarantee of Religious Freedom

Egypt, as part of the United Nations General Assembly (UNGA) Committee, was among the Arab countries that not only participated in writing the Universal Declaration of Human Rights (UDHR) but also signed it in 1948, thus laying a foundation for religious freedom (Article 18) and other fundamental human rights. Egypt’s most recent Constitution (2014) proudly acknowledges its foundational role in drafting the UDHR and guarantees equality and religious freedom to all Egyptians (Articles 53 and 64).

Yet, despite these guarantees, discrimination on the basis of religion continues in Egypt. One key way that religious discrimination continues is through the state requirement to list one’s religion on government documents and the application of Sharia law in the policies and procedures that govern how the state administers this process. Citizens who do not ascribe to Islam—or who do not have a religious faith—may be unable to list their actual religion on their documents, which violates their religious freedom and could lead them to stay on the margins without an ID card. Those who do not ascribe to the dominant religion, Islam, face increased scrutiny and discrimination as a result of identifying their religion.

Accordingly, Egyptian and international advocates continue to call on the government to remove religion as a field government documents in order to reduce religious discrimination and align the ID system with Egypt’s constitution (Articles 53 and 64)[1] and the UDHR (Article 18).[2] This, they say, is crucial to ensuring not only respect for human rights in one of the Arab world’s most populous countries, but also to building a flourishing civil society where individuals from all faiths fully contribute to the Egyptian society and economy.

Identifying Religion

Egypt is one of a handful of countries worldwide, including Afghanistan, Brunei, Iran, Malaysia, Pakistan, Bhutan, Indonesia, Laos, and Myanmar, that identify religion on state documents.

In Egypt, all citizens must apply for a national identification card at the age of 16 years. Egypt’s national identification card system, which issues birth certificates and other important government documents, is administered by the Civil Status Department of the Interior Ministry. Ministry officials say that they are applying Sharia law by allowing only the three revealed religions to be listed,[3] although since 2009, following a lawsuit by members or the Bahai community, a dash/blank is also possible.[4] The Ministry applies its interpretation of Sharia law, which is the source of most legislation in Egypt, to its policies and practices.

This ID document is routinely needed when interacting with the government or private institutions, such as such as opening a bank account, getting a driver’s license, going to university, getting a job, collecting a pension, or when stopped by the police. Socially, one’s religion may determine whom someone can marry and what personal status laws will apply, since personal status laws in Egypt vary across the three revealed religions (defined in Egypt’s constitution as Islam, Christianity, and Judaism). It also identifies (or in some cases misidentifies) an individual’s religion in everyday interactions with private and public institutions, forcing some individuals to list a religion that does not match their true beliefs (including having no religious belief) or remain on the margins without an ID card and to face discrimination if they do not belong to the dominant religion, Islam.

Challenges Persist

According to Human Rights Watch, the impact of a religious-based designation on identity documents is particularly severe for those who wish to convert from Islam to another religion. Members of other faiths may change their religion to Islam. But Egyptian law does not allow Muslims to change their religious designation on their ID cards to anything else, effectively locking citizens into the religious identity assigned at birth. For example, the report highlights examples of coercion and abuse of power stemming from an individual’s decision to change their religion. According to one citizen interviewed by Human Rights Watch about her experiences getting an id card:

“He said I’d committed a sin against God. He asked why I wanted to go back to Christianity. ‘If you had bad luck with your first husband, you should have found another Muslim man.’ He offered me assistance and favors. ‘I can find you a good Muslim man,’ he said. ‘If it’s financial, we can help you find a job. If you went back to your family for lack of any alternative, we’ll help you find an apartment.’ When I insisted on staying a Christian, he said, ‘Well, we have to start an investigation into the forgery.’”

The issue of state interference with religion also affects national statistics. According to the Vital Statistics Office, a Muslim converting to Christianity is still regarded as a Christian. Thus, while Egypt does not have a specific, codified law explicitly labeling apostasy, the legal framework and societal attitudes create a climate in which choosing a faith other than Islam, or no faith at all, can lead to significant legal and social repercussions, including potential prosecution under blasphemy laws. 

Egyptians Call for Change

Religious discrimination continues in Egypt. Yet throughout its history, Egyptian voices have called for religious freedom and equality, which are also guaranteed by its constitution. The quasi-official National Council for Human Rights submitted a 2006 memorandum in which it recommended that the government remove religious affiliation from identification cards.

Egypt’s western partners (including the US) can amplify Egyptian voices for the removal of religion from ID cards and provide economic incentives to do so. And, as the experience of the Bahai shows, legal challenges by minority groups may be effective. Removing religion from ID cards would signal that the Egyptian government is neutral with regard to religion and create conditions that support Egypt’s flourishing by enhancing social and government trust, reducing discrimination, and support development by allowing people of all faiths to contribute to society and the economy.

[1] 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, color, language, disability, social class, political or geographical affiliation, or for any other reason. Article 64: Freedom of belief is absolute. The freedom of practicing religious rituals and establishing places of worship for the followers of revealed religions is a right organized by law.

[2] Article 18: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

[3] Sharia law is the main source of law in Egypt, according to the Constitution. (Article 2).

[4] For some time, members of the Bahai community were unable to list their religion on their id cards; instead, most were forced to live on the margins without documentation or list an inaccurate faith. However, since a 2009 Supreme Administrative Court ruling, members of Egypt’s Bahai faith and other minority religions have been able to receive government documents with a dash in the religion field. Despite this, anyone choosing to list no religion, including those who do not identify with a religion, may face increased scrutiny, attention, or violence.