VZCZCXYZ0000
RR RUEHWEB

DE RUEHEGA #7164 3511542
ZNR UUUUU ZZH
R 171542Z DEC 06
FM AMEMBASSY CAIRO
TO RUEHC/SECSTATE WASHDC 0000
INFO ARAB ISRAELI COLLECTIVE
ARAB LEAGUE COLLECTIVE

UNCLAS CAIRO 007164 
 
SIPDIS 
 
SIPDIS 
 
NSC FOR WATERS 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM EG
SUBJECT: EGYPTIAN COURT RULES AGAINST BAHA'IS 
 
REF: CAIRO 6953 
 
¶1. (SBU) EGYPT'S SUPREME ADMINISTRATIVE COURT RULED ON 
DECEMBER 16 AGAINST THE BAHA'IS RIGHT TO BE IDENTIFIED ON 
GOVERNMENT DOCUMENTS (NOTE: EGYPTIAN NATIONAL ID CARDS 
CURRENTLY ONLY ALLOW FOR CITIZENS TO BE IDENTIFIED AS MEMBERS 
OF ONE OF THE THREE "HEAVENLY" FAITHS - MUSLIM, JEW, OR 
CHRISTIAN. END NOTE).  HOSSAM BAHGAT (PROTECT) WHOSE 
ORGANIZATION, THE EGYPTIAN INITIATIVE FOR PERSONAL RIGHTS 
(EIPR) HAS BEEN SUPPORTING THE BAHA'IS IN THEIR CASE AGAINST 
THE GOE, NOTED THAT ALTHOUGH THE SUPREME ADMINISTRATIVE 
COURT'S DECISION CANNOT BE APPEALED, BAHA'IS HAVE BROUGHT 
ANOTHER CASE TO OBTAIN A FOURTH CATEGORY ("OTHER") ON 
NATIONAL ID CARDS. 
 
¶2. (SBU) RESPONDING TO THE SUPREME ADMINISTRATIVE COURT'S 
RULING, BANI DUGAL, THE PRINCIPAL REPRESENTATIVE OF THE 
BAHA'I INTERNATIONAL COMMUNITY TO THE UNITED NATIONS, ISSUED 
A STATEMENT: "WE DEPLORE THE COURT'S RULING IN THIS CASE, 
WHICH VIOLATES AN EXTENSIVE BODY OF INTERNATIONAL LAW ON 
HUMAN RIGHTS AND RELIGIOUS FREEDOM TO WHICH EGYPT HAS LONG 
BEEN A PARTY.  SINCE THIS WAS THE LAST AVENUE OF APPEAL IN 
THIS PARTICULAR CASE, THE COURT'S DECISION THREATENS TO MAKE 
NON-CITIZENS OF AN ENTIRE RELIGIOUS COMMUNITY, SOLELY ON THE 
BASIS OF RELIGIOUS BELIEF." 
 
¶3. (SBU) THE GOE HAS SET JANUARY 1, 2007 AS THE DATE BY WHICH 
ALL CITIZENS SHOULD POSSESS A NEW COMPUTERIZED NATIONAL 
IDENTITY CARD (AN OBJECTIVE THAT WILL BE DIFFICULT TO MEET, 
GIVEN THAT A SIGNIFICANT PERCENTAGE OF THE POPULATION STILL 
DOES NOT HAVE COMPUTERIZED CARDS).  THIS MEANS THAT EVEN 
THOSE BAHAIS WHO HAVE BEEN IN POSSESSION OF THE OLD, 
HANDWRITTEN ID CARDS - WHICH GENERALLY LIST "BAHA'I" OR 
"OTHER" IN THE RELIGION CATEGORY - WILL NOW BE WITHOUT VALID 
IDENTITY DOCUMENTS. 
 
¶4. (U) SUGGESTED PRESS GUIDANCE ON THIS ISSUE AS FOLLOWS: 
 
EGYPT: BAHA'I COURT JUDGMENT 
 
Q: ANY REACTION TO THE DECEMBER 16 RULING BY EGYPT'S SUPREME 
ADMINISTRATIVE COURT THAT OVERTURNED AN APRIL 4 LOWER COURT 
RULING WHICH HAD AFFIRMED THE RIGHT OF EGYPTIAN BAHA'IS TO 
RECEIVE GOVERNMENT IDENTITY CARDS? 
 
A: WE ARE TROUBLED BY THE COURT'S RULING BECAUSE IT 
PERPETUATES DISCRIMINATION AGAINST EGYPTIAN BAHA'IS BY NOT 
ALLOWING THEM TO OBTAIN NATIONAL IDENTITY CARDS.  WE NOTE 
THAT THERE IS ANOTHER CASE PENDING WHICH COULD OFFER BAHA'IS 
SOME RELIEF AND URGE THE EGYPTIAN GOVERNMENT TO DEVISE A 
SOLUTION TO THIS PROBLEM IN KEEPING WITH THE EGYPTIAN 
CONSTITUTION AND INTERNATIONAL AGREEMENTS REGARDING FREEDOM 
OF RELIGION. 
 
-- (IF ASKED) WE HAVE URGED SENIOR EGYPTIAN OFFICIALS TO SEEK 
A SOLUTION TO THIS PROBLEM. 
 
BACKGROUND: 
 
AS NOTED IN THE DEPARTMENT'S 2006 RELIGIOUS FREEDOM COUNTRY 
REPORT ON EGYPT, THE EGYPTIAN GOVERNMENT APPEALED AN APRIL 4, 
2006 DECISION BY THE ADMINISTRATIVE COURT WHICH SUPPORTED THE 
RIGHT OF BAHA'I CITIZENS TO RECEIVE ID CARDS AND BIRTH 
CERTIFICATES WITH RELIGION NOTED ON THE DOCUMENTS.  LAW 263 
OF 1960, STILL IN FORCE, BANS BAHA'I INSTITUTIONS AND 
COMMUNITY ACTIVITIES, AND STRIPPED BAHA'IS OF LEGAL 
RECOGNITION.  THE NATIONAL IDENTITY CARDS CURRENTLY REQUIRE 
ALL CITIZENS TO BE CATEGORIZED AS MUSLIMS, CHRISTIANS OR 
JEWS.  BAHA'I AND OTHER RELIGIOUS GROUPS THAT ARE NOT 
ASSOCIATED WITH ANY OF THE THREE "HEAVENLY" RELIGIONS HAVE 
BEEN COMPELLED TO EITHER MISREPRESENT THEMSELVES OR GO 
WITHOUT VALID IDENTITY DOCUMENTS. 
 
THOSE WITHOUT VALID IDENTITY CARDS ENCOUNTER DIFFICULTIES 
REGISTERING THEIR CHILDREN IN SCHOOL, OPENING BANK ACCOUNTS, 
AND ESTABLISHING BUSINESSES.  BAHAIS AT AGE SIXTEEN FACE 
ADDITIONAL PROBLEMS UNDER LAW 143/1994, WHICH MAKES IT 
MANDATORY FOR ALL CITIZENS TO OBTAIN A NEW IDENTIFICATION 
CARD FEATURING A NEW NATIONAL IDENTIFICATION NUMBER. POLICE, 
OFTEN ON PUBLIC BUSES, CONDUCT RANDOM INSPECTIONS OF IDENTITY 
PAPERS, AND THOSE FOUND WITHOUT THEIR IDENTITY CARD ARE 
REGULARLY DETAINED UNTIL THE DOCUMENT IS PROVIDED TO THE 
POLICE.  IN MAY 2004, THE GOVERNMENT CONFISCATED THE IDENTITY 
CARDS OF TWO BAHA'IS WHO WERE APPLYING FOR PASSPORTS. 
OFFICIALS TOLD THEM THAT THEY WERE ACTING ON INSTRUCTIONS 
FROM THE MOI TO CONFISCATE ANY IDENTITY CARDS BELONGING TO 
BAHA'IS. 
JONES