Baha'is in Egypt: Enduring 'civil death' on top of discrimination

The situation for Egyptian Baha'is has worsened as the violations they face have escalated beyond religious identification on official documents. Now they face extensive legal and social restrictions, on top of the constraints on their personal freedoms. In response, the Baha'i International Community has issued several rare statements expressing deep concern over the increasing "discrimination and persecution" by Egyptian authorities, which continue going unchecked without any practical solutions.

Coinciding with these statements, UN Special Rapporteur on Minority Issues Nicolas Levrat presented a significant report to the 58th session of the United Nations Human Rights Council, held from February 24 to April 4. The report recommends that states recognize the identities of minorities within their populations, including in official documents such as ID cards and birth certificates. It also urges that no measures be taken to prevent the free and genuine expression of religious, linguistic, or other forms of identity among minority groups.

The report warns that denying the right to identity, or failing to enforce laws that protect it, places individuals in situations that hinder or prevent them from enjoying fundamental rights, thereby fostering unequal treatment and legal discrimination.

This report follows the 17th session of the United Nations Forum on Minority Issues, an event that the Egyptian government regularly attends to address and respond to criticisms. The theme of this year's session centered on the representation and self-representation of minorities in public spaces and discourses, emphasizing how this visibility—or lack thereof—affects their participation in decision-making processes and in cultural, religious, social, economic, and public life.

Patterns of denial

Baha'is in Egypt suffer from the lack of official recognition as a religious community. This denies them the ability to form a legally recognized institution to manage their religious and personal affairs.

Article 64 of the Egyptian Constitution guarantees absolute freedom of belief for all. However, this guarantee is effectively undermined by provisions that restrict the practice of religious rites and the establishment of places of worship to Muslims, Christians, and Jews only. As a result, Baha'is and other religious groups are excluded from fundamental rights related to worship, expression, and association. These restrictions have a profound effect on their ability to navigate daily life.

The government certifies foreigners' marriages regardless of their beliefs while denying the same right to its own citizens

The violations against Baha'is fall into three main categories, for which state institutions bear full responsibility. The first relates to official identification documents. A court ruling allowing Baha'is to have a dash (-) in the religion field of their national ID cards resolved the issue of being falsely classified as Muslim or Christian. However, it did not address other personal status concerns, such as recording marital status, recognizing marriage contracts, or regulating related rights, such as divorce and custody.

Egyptian authorities continue to refuse recognition of Baha'i marriage contracts, even when these are customary (Urfi) and deliberately omit any reference to religious identity. This refusal gives rise to serious social challenges, including obstacles in obtaining birth certificates—which must include both parents' names and religious affiliations—resulting in difficulties with school enrollment. It also leads to legal complications in matters of divorce, guardianship, custody, and inheritance.

Strikingly, the government certifies foreigners' marriages regardless of their beliefs while denying the same right to its own citizens. This discriminatory practice deprives Baha'is of their constitutional right to form families and leaves them without a legal alternative.

In some cases, Baha'i couples have turned to courts to validate their marriages, only for government representatives to argue against them, claiming such recognition could lead to fraud since Baha'i religion is not officially recogonized.

Burial challenges 

The second major challenge is the burial of the deceased Baha'is. Due to the lack of designated burial sites, Baha'i families must transport bodies hundreds of kilometers to the only cemetery in Cairo for burial, causing emotional and financial hardship.

This contradicts social customs that emphasize respect for the dead. Efforts to resolve the issue through legal channels has hit a dead end after submitting petitions to local authorities and filing lawsuits before the State Council.

 Baha'i families must transport bodies hundreds of kilometers to the only cemetery in Cairo for burial

In one case, Alexandria Governorate sought guidance from Al-Azhar, whose Islamic Research Academy responded that "allocating a burial site for those who mark their religious affiliation as (-) or otherwise is impermissible, as it would promote division and social fragmentation." The State Lawsuits Authority, representing the government in administrative court cases, similarly argued that Egypt only recognizes Islam, Christianity, and Judaism; the three religions explicitly granted the right to establish places of worship under the Constitution.

Security harassments 

The third pattern involves escalating security restrictions and harassment in recent years, particularly targeting individuals who provide social and cultural services to members of the Baha’i community. These measures include being placed on travel watch lists, bans on travel, and security detentions at airports upon returning from abroad. Travelers have also reported thorough searches of their luggage and personal laptops. Some non-Egyptian Baha’is have been denied entry into the country despite holding valid visas issued in their countries of residence. Others, including those married to Egyptian citizens, have had their residency permits revoked and were deported, even though their paperwork was legally sound, according to testimonies gathered by the author in the course of his work with the Egyptian Initiative for Personal Rights.

Despite these persistent challenges, the right to burial and designated cemeteries is distinct from the right to worship or establish places of worship. It is a fundamental right that must be made available to all citizens and residents without exception.

Baha'is will not disappear

To fully understand the current situation of Baha'is in Egypt, and the impact of government policies on them, several key facts must be acknowledged. Firstly, Baha'is are not foreigners, refugees, or guests —though the rights of such groups must also be safeguarded. Baha'is are Egyptian citizens who live in Egypt since the 19th century. The state should therefore guarantee all their constitutional and legal rights as equal citizens.

Secondly, Egypt has historically recognized Baha'is. The first Baha'i National Spiritual Assembly, which oversaw the community’s affairs and issued marriage certificates, was established in 1924. Baha'i representatives even attended state functions. Recognizing their rights is not a novel demand but rather a correction of an unjust situation.

The pressures and discrimination they face increased after the 1960 decree (Law 263) that dissolved Baha'i administrative institutions and confiscated their assets. Since then, they have endured decades of repression, arbitrary arrests, travel bans, and systematic discrimination.

Some downplay the issue by arguing that the number of Baha'is in Egypt is small, portraying their problems as "insignificant" compared to broader national concerns. This reasoning is flawed. States must not justify or tolerate discrimination against any group, regardless of its size. Violations against any minority damages the state’s reputation and undermine its efforts to present itself as a nation that respects religious diversity.

Religious freedom is now a global priority and a key topic at many international forums and UN events. It is in the best interest of policymakers to protect vulnerable minorities from marginalization.

The Baha'is of Egypt are not a threat; their demands are legitimate. The state must step in to enable them to live normal lives and stop treating them as second-class citizens.

Denying the existence of Baha'is will not make them disappear. Addressing their concerns is not about validating their religious beliefs, but rather about recognizing their presence and granting them their rights. Their demands are simple: a legal framework to govern personal affairs in line with their faith, designated burial spaces within or near their communities, and an end to the use of religious identity as grounds for persecution and denial of rights.