The sacred right to ‘insult’

 
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By Khaled Diab

Jailing Egyptians for insulting religion and the military goes against the revolution’s spirit, and violates people’s secular and sacred rights.

Monday 31 October 2011

The revolution seems to have made the Egyptian regime very quick to take offence from all those ungrateful pesky Egyptians. In April, the courageous blogger Maikel Nabil Sanad was jailed for three years on the ludicrous charge of “insulting the military” – which is an offence only to our intelligence. The posts that got him in trouble include one in which he contends that “the army and people were never a single hand” and another that accuses the interim regime of “recycling the same old shit” but this time on a china plate – not to mention his view that the Coptic Pope Shenouda III has a “long history of hypocrisy with [Egypt’s] leadership”.

In protest against his sentencing, Sanad began a long hunger strike in jail which has placed his health at serious risk. Now reports are emerging that he has been moved to a psychiatric hospital, drawing severe condemnation from Egypt’s mental health community. An interesting blog containing Sanad’s determinedly outspoken writings from prison has been set up by his friends.

Human rights activists cautioned at the time of Sanad’s imprisonment that it set a “dangerous precedent”, and their warning seems to have been sound. Since the revolution began in January, an estimated 12,000 civilians have stood in the dock before military courts, which is more than the total number of cases during the Mubarak era. This is despite the fact that one of the key demands of the revolution was to abolish the emergency laws that make it possible for the regime to execute such summary “justice”.

Now Egypt’s civilian courts have joined the fray of Egyptian institutions making offenders out of bloggers who cause offence. Ayman Youssef Mansour also received three years, but this time not for offending the demigods of the military but rather for “insulting” Islam, “promoting extremist ideas” and “inciting sectarianism” on Facebook.

Unfortunately, the court gave absolutely no details about what exactly Mansour had written and my repeated attempts to dig up his writings online only led me to the empty shell of his Facebook page. But judging from other online content, which has riled pious Egyptians, I suspect that, though Mansour’s page may have caused offence, especially if it was atheistic, it probably did not incite sectarianism or fitna.

Although atheism can be just as oppressive as any other belief system if it becomes the official ‘religion’ of a repressive state, as the Soviet Union amply demonstrated, I’ve never heard of any member of Egypt’s marginalised, unrecognised and forgotten atheist minority ever calling for a ‘jihad’ or ‘crusade’ against believers.

For instance, many Egyptians have been campaigning for the removal of a controversial satirical Facebook page, which mocks religion mercilessly. The content of the page ranges from juvenile and absurdist humour – “If a prophet comes who declare ‘Aha‘ ['Oh Shit'] I shall believe in him” – to biting political satire and social commentary, but it is all rather harmless.

One post, citing God’s various haughty titles such as “King of Kings”, asks whether “God suffers from megalomania or is just the Muammar Gaddafi of the heavens”. Another post, mocking Mubarak’s attempts to hold on to power by ostensibly delegating his authority to his intelligence chief, Omar Suleiman, reports: “God has declared … that he does not intend to run for a second godly term and that he is handing over all his powers to the angel Gabriel.”

Though each of these posts gets dozens of likes, indicating that many Egyptians and Arabs approve of this brand of humour, they also elicit hundreds of comments, many of them condemnations and childish insults by believers, many of which are, ironically, blasphemous in nature.

Of course, I can see why, in a largely religious society, the mocking or deriding of the most fundamental beliefs people hold dear can cause anger. But trying to shut down such debate or jail those who hold contrary views goes against the spirit of freedom embodied in the Egyptian revolution. And even for those Muslims who do not believe in modern secularism, Islam itself has traditionally guaranteed freedom of belief for all. This is spelt out, for example, in the constitution of Medina and the long tradition Muslim societies have had of tolerating criticism and the ridiculing of Islam.

More pragmatically, it is in every Egyptian’s interest to scrap the vague legislation that outlaws the “ridiculing or insulting” of any of the Abrahamic faiths. Though the law appears to accord all Egyptians equal rights, this is only the case if we assume that all Egyptians are Muslims, Christians or Jews – but there are those who belong to other religions or none. Then there are those with alternative, more liberal interpretations of their faith, such as academics, novelists and film-makers who have had cases brought against them by Islamists. And not only is this vague law a gift to ultra-conservative Islamists, it was also thoroughly exploited by the former regime to silence its critics.

And far from preventing the fitna the law is apparently designed to do, it may actually stoke the fires of sectarianism and division by creating a new battleground in the courts. This can be seen in how some conservative Christians have taken the Islamists’ lead and are, too, bringing cases to the courts against those they perceive as having defamed their faith.

And who is to determine what’s defamatory? In some ways the very existence of Islam and Christianity can be seen, at one level, as being mutually insulting to each other. After all, regardless of the respect Muslims hold for Christians and their faith, Islam ultimately emerged as a ‘corrective’ for the deviations that Christianity had apparently taken from the ‘true faith’, and challenges some fundamental Christian beliefs. Could that not be interpreted as insulting?

Similarly, Christianity still exists because Christians do not accept that Muhammad is a true prophet, regardless of how much many Christians admire and respect him as a man, leader and visionary. So, it is best for everyone just to live and let live.

The new Egypt must uphold the rights of everyone to believe in what they want and speak freely about their beliefs. It must also protect its minorities, not only Christians and Baha’is but also the officially voiceless but significant nonbelieving minority.

 

This article first appeared in The Guardian’s Comment is Free section on 27 October 2011. Read the related discussion

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The danger of an elected dictatorship in Egypt

 
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 By Osama Diab

The army is giving Egyptians a stark choice: choose freedom and endure anarchy, or choose stability and put up with us.

Thursday 29 September 2011

Last week, after the Supreme Council of the Armed Forces (SCAF) reactivated Mubarak’s 2010 extension of the emergency law,  it suggested holding a referendum on the reactivation to give its decision a sheen of legitimacy. If the emergency law passes through legal channels, it will allow SCAF to silence its opponents while claiming it has popular support for its actions.

Where once authoritarianism was imposed on Egyptians, Egypt is now facing the risk of “democratically” choosing to be governed autocratically, where the people themselves call for or support authoritarian practices such as military trials, emergency laws, etc.

Since the revolution, Egypt’s de facto military rulers have cracked down on media outlets,allegedly tried 12,000 people before military courts, reactivated Hosni Mubarak’s highly unpopular emergency law , and outlined no clear time frame for the transition to a civilian government – things even Mubarak wouldn’t have dared to do in post-revolution Egypt. But what is perhaps most appalling is that a growing number of people is supportive of this.

After the defeat and withdrawal of police forces from the streets on 28 January, the lack of security and this anarchy-like state have driven many people to express their willingness to trade in their dream of democracy in return for ‘normalcy’ by supporting authoritarian practices in the hope of stopping the country from descending into the absolute state of lawlessness they fear.

As a result, many Egyptian have voted in favour of reactivating Mubarak’s emergency law. On the Masrawy news website, 59% of those who took part in a poll agreed that the emergency law should be reactivated. The figure of an al-Shorouk online poll was nearly half.

There is no doubt that the past seven months since Mubarak’s ouster have been so overwhelming that many are now ready to give up their dream of democracy. The perceived rise in crime and the struggling economy have shifted many people’s priorities to security and stability over human rights and democracy.

The SCAF has capitalised on this fear to boost its popularity – at least in comparison with the former regime. May be some Egyptians are still grateful for the army’s refusal to open fire at protesters, especially when compared to the savagery of other armies in the region, or perhaps people simply see the military as the last line of defence against anarchy. This is why their use of Mubarakist techniques has worked better than it did for the man himself.

Unlike the ousted president, they seem to have successfully managed to draw some public support for them and stoked up opposition against pro-democracy activists. On top of the relative credibility they enjoy, the public support expressed for arbitrary laws is a result of the SCAF’s relatively effective propaganda which links stability to their policies and their way of administering the country, whilst connecting chaos and instability to those who dare to oppose them.

The message the rulers are trying to send is simple: if you want freedom you have to endure prospects of a wide-scale war with Israel, looting and thuggery, a collapsing tourism industry, a struggling economy, and a security vacuum. If you want stability, all you have to endure is us.

The SCAF has tried relentlessly to link chaos and mayhem to human rights and political activism by accusing many key players in the revolution, such as the 6 April Youth Movement and the Kifaya (Enough) coalition, of trying to destabilise the country and serving foreign agendas.

Despite being accustomed to working under an authoritarian regime,and the smear campaigns and the heavy-handed security that come with the territory, rights activists now also need to grow accustomed to working under popular “dissuport”.

Political and rights activists are now slowly losing their status as “heroes” and are gradually being cast as the “villains” instead of the regime. Opposing Mubarak’s dictatorship was seen as a heroic act. Opposing SCAF is being seen by a growing number of Egyptians as a form of “treachery”. 

Intensive propaganda has associated human rights, in the minds of many, with vandalism, chaos, instability and conspiracy. The main danger to democracy that Egypt is facing is not the practices of the military rulers, but the public support for such practices.

The SCAF should not be deceived or lulled into a false sense of security by this support, which is probably going to be short-lived and is only a result of the horrors of recent months.

Once the memory of the chaos becomes distant enough and the revolutionary dust settles, people will again start realising the government’s failure to deliver better living conditions, to enhance the rule of law, to fight corruption and to push for greater civil liberties.

Rulers with a security-only mentality who fail to address economic, legal and social issues run the risk of sharing Mubarak’s destiny or even worse, because next time people will make sure not to go home with an unfinished revolution or trust anyone but themselves to take charge of the transitional period.

Employing tired, old narratives and displaying a severe lack of political imagination, which is a typical characteristic of military rulers, would only serve to remind Egyptians of the old regime they despised for long undermining the power, energy and creativity of the people.

Civil rights and genuine stability can only come together, and the Egyptian revolution proved that the heavy hand of security can no longer achieve stability on its own.

Soon enough, those Egyptians who believe that military strongmen are more capable of maintaining public order than democratically elected civilian governments will discover that this idea is nothing short of a myth. What we have is not really a choice between freedom and stability, but a choice between having both or neither.

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No country for old generals

 
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By Khaled Diab

In addition to withdrawing from the political front line, the army must also leave justice to the legal system.

Saturday 12 March 2011

The military leadership currently running Egypt is sending out mixed and troubling signals. 

Foremost among them are its continued failure to suspend the state of emergency which has been in place almost continuously since 1967. In the past, emergency laws were used to censor free speech, arrest opposition figures, and allow the police and security agencies to act with impunity.

Under emergency rule, military tribunals also had powers to try civilians in closed sessions, without due process.

The urgency of scrapping the state of emergency could hardly have been demonstrated more graphically than when the Supreme Military Court sentenced an Egyptian protester to five years in prison, in a session lasting only a few short days.

Witnesses and fellow protesters were outraged, arguing that the charges against Amr Abdallah Elbihiry – of assaulting a public official and breaching the curfew – were false.

Human rights activists are convinced that Elbihiry’s real crime was to be protesting at a time when the army wanted to curtail demonstrations.

“It takes them weeks, months, even years to try the criminals, murderers, and money launderers from the regime, yet this young man gets indicted in less than a week,” one outraged activist complained.

Human rights groups have demanded Elbihiry’s immediate release and a retrial before a civilian court. They are also voicing concern over hundreds of other trials which they say have taken place since the Egyptian revolution broke out on January 25.

Protesters and many other Egyptians, too, are troubled by the army’s apparent will to stifle protest. They see this as a breach of the good faith the military professes, and a contradiction of its claim to recognise that people were making legitimate demands during the revolution.

The army’s decision, shortly after Mubarak’s forced resignation, to clear protestors from Tahrir Square, the epicentre of the revolution, may indeed have been motivated by a desire to return the country to normality. Similarly, its calls to workers to end strikes and return may stem from worries about the impact the revolution was having on the Egyptian economy.

However, the army has done little to reassure the public or meet the demands made by the protesters. Rather, its actions have only succeeded in ensuring that protests will drag on far longer than necessary, as demonstrated by the mass rallies that have taken place on a weekly basis since the army took effective control of the country.

At the same time, there have been some promising signs of the continuing momentum of the revolution, such as the March 4 resignation of Prime Minister Ahmed Shafiq, a man appointed by ex-president Hosni Mubarak.

The final nail in the coffin for Shafiq’s political career came in a heated televised debate with prominent opposition figures, during which this one-time air force chief and aviation minister proved that he was out of touch with the popular mood and the new realities of Egypt.

Not only did Shafiq persist in claiming that he did not know who was behind the violence perpetrated by Mubarak loyalists on what has become known as ‘Bloody Wednesday’, he also defended the need to keep in place, albeit in altered form, the state security apparatus that is so widely reviled by Egyptians.

His replacement as prime minister, the respected academic Essam Sharaf, also served as a minister under Mubarak for a time, but resigned in disgust at the corruption surrounding him. Sharaf took part in the revolution and was among the names that the opposition put forward as an acceptable interim premier.

Protesters have also been gratified by many of the proposed amendments to the constitution which will be voted on in a referendum on 19 March, and which are intended to facilitate free elections until such time as a new parliament drafts a permanent constitution.

Nevertheless, a number of unresolved issues remain, including the excessive powers granted to the president, which the amendments leave untouched.

Although the army still commands a great deal of respect among the population, it may be misreading the situation. Like the Mubarak regime before it, although to a lesser degree, it underestimates the will and determination of the people, and their newfound confidence that they alone can and will build the Egypt of tomorrow.

The military does not appear to have a single cohesive approach. There is the conservative old guard, especially within the army’s high command, represented by the commander-in-chief, Field-Marshall Mohamed Hussein Tantawi. This grouping seems convinced that procrastination coupled with some superficial changes is going to be enough to appease the public.

Then there are the pragmatists, such as the army’s second-in-command and chief-of-staff Sami Hafez Anan, who appear to realise that the game is up and that Egyptians will no longer tolerate a politicised army.

But especially among middle-ranking officers and ordinary soldiers, there are those who actually believe in and support the revolution, and hence wish to engineer the swiftest possible transition to democratic civilian rule.

Those within this camp are, as the weathered expression has it, on the right side of history, and the rest of the army would do well to fall in line with them, if it wants to avoid squandering the affection and respect it has earned thus far in the revolution.

One immediate and easy way of boosting public confidence would be to annul the state of emergency, used to unfairly punish and even kill untold numbers of Egyptians over the years. It is disingenuous for the army to argue, as it has done so far, that it will abolish the law once the situation stabilises.

One of the reasons that life has not returned to normal is precisely because annulling the emergency laws is one of the most fundamental, core demands of the revolution. The continued misuse of these laws, as in Elbihiry’s case, will only serve to further feed the cycle of dissatisfaction and protest.

Post-revolutionary Egypt cannot continue with a state of emergency in place. What is needed instead is a state of freedom, dignity, equality and opportunity for all citizens. And the sooner the army comprehends this political reality, the better it will be for everyone.

 This article was first published by the Institute for War and Peace Reporting on 8 March 2011.

 

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Criminal injustice in Egypt

 
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By Khaled Diab

Egyptian police and a decades-old emergency law stand in the dock of public opinion following a young man’s alleged murder.

6 July 2010

The ‘before’ and ‘after’ shots looked like the makeover from hell. Before, we have a clean-cut young man who appears to be rather reserved and perhaps even somewhat shy. After, his once-youthful and pleasant face looks up with dead eyes, disfigured beyond recognition. It looks like it has caved in on itself, particularly around the mouth and jaw.

The cause of his death? It depends on whose side of the story you believe. According to eye-witnesses and Khaled Said’s family, the 28-year-old Alexandrian was dragged out of an internet cafe and brutally beaten to death.

According to the official story, as outlined in two coroner’s reports, he died of asphyxiation caused by his attempt to swallow a packet of ‘bungo’ (a form of marijuana), presumably out of fear of being caught in possession. The post-mortem did concede that the young man had injuries resulting from a “collision with solid objects”, but claimed that these had not led to his death.

With public distrust of the police almost universal, the Egyptian public – not to mention human rights groups – are highly sceptical of the investigation’s findings. Why? Well, the evidence doesn’t really add up and the government has got form when it comes to covering up police brutality, which human rights groups say is “systematic” and “endemic”.

Many see this as a blatant attempt to posthumously tarnish the good name of a law-abiding young man – who was also reportedly apolitical – to mask the ugly handiwork of the regime’s iron fist.

But if Said was not a political activist nor a criminal, why was he attacked by police in the first place?

The original theory doing the rounds was that he had objected to a heavy-handed police raid of the internet cafe and this provoked the fragile egos of the two plain-clothed officers. His family allege that this was retribution for his posting online of a video, which appears to show police officers dividing up the spoils of a drugs haul.

Since the dead can’t protest, hundreds of thousands of Egyptians have refused to be cowed or intimidated into silence and have taken up Said’s cause. A Facebook campaign set up to keep his memory alive and to seek justice for the young “martyr” has attracted nearly a quarter of a million members in Arabic and 25,000 in English.

And, unlike some earlier campaigns that did not venture far beyond cyberspace, this one has spilled out onto the Egyptian streets. In addition to the hundreds who attended Said’s funeral, “flash mobs” have organised a number of successful protests. One of the most poignant was when thousands of people stood in a long chain along Alexandria’s seafront – spaced five metres apart, in part to get around Egypt’s draconian emergency law, which bans mass public assemblies – and stood silently or read their Qur’ans and Bibles.

In fact, silence has been the by-word. As one Egyptian commented on Facebook: “If speaking up only brings more violence, then silence will have to articulate our grief.”

Last Friday, large protests took place in a number of major Egyptian cities, with opposition figurehead and the main challenger to President Hosni Mubarak in next year’s elections, Mohamed ElBaradei, the former IAEA chief, joining the Alexandria sit-in.

Despite this concerted show of public anger, the two officers allegedly behind Said’s death remain on active duty.

“The nation is on the verge of social explosion, and amid all this, you’d expect the regime to act very cautiously regarding issues of political freedom and human rights to contain public anger, but they are just doing the exact opposite,” my brother, Osama, tells me in disbelief. “It feels bad to be ruled by authoritarianism, but it feels even worse to be ruled by stupid authoritarianism that is unable to think before it acts.”

Although Said’s death is a huge tragedy for his family, if it helps to ram the final nail in the coffin of Egypt’s emergency law, then this tragedy will not have been in vain. Three decades old, this draconian legislation has hung over the heads of Said’s generation their entire lives and has effectively transformed Egypt into a police state.

The unconstitutional emergency law, which activists have been trying to reverse and repeal for years, grants the police and security services so much discretionary power that it has led to torture and even murder, with few perpetrators brought to justice. The Egyptian Organisation for Human Rights documented 46 torture cases and 17 cases of death between June 2008 to February 2009 alone.

“Under the state of emergency, the power of security forces has become absolute. It has become a hegemonic force in the country, even judicially,” says Bahey Eddin Hassan, general director of the Cairo Institute for Human Rights Studies. “Without a real balance of power, you do not have the rule of law and judicial independence. Without real balance, you lose the voice of the people.”

This column appeared in the Guardian newspaper’s Comment is Free section on 12 May 2010. Read the full discussion here.

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The fast and the furious

 
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By Osama Diab

Police in Egypt are using Ramadan to target secularists. The government must do more to protect individual liberty.

16 September 2009

Over the last week, several blogs have included reports about the Egyptian police arresting people for eating and smoking publicly during the day in Ramadan, when Muslims are supposed to be fasting. At first I thought this might just be the action of a few individual officers or – since the blogs did not cite a source – perhaps it was nothing more than a rumour. I was shocked to discover that not only was it true, but it was also actually a campaign sponsored by Egypt’s interior ministry.

A judicial source in the attorney general’s office told the al-Shorouk newspaper that eating in public in Ramadan is elet adab (lack of decency), and added that the interior ministry issued a decree several years ago that gave police officers the right to arrest and fine anyone found eating publicly during Ramadan. Newspaper reports suggest that police have arrested more than 155 people, mainly in the tourist city of Aswan.

The interior ministry has defended the campaign and its spokesman, general Hamdy Abdel-Karim, hit back at criticisms from human rights organisations saying: “They should learn to have some measure of decency. In the past, Egyptians used to be decent. I hope they return to it.”

The increasing popularity of Islamist groups such as the Muslim Brotherhood has forced the government to adopt a more righteous stance. The regime is keen to prove it is as pious as the Brotherhood, but, in a nation that was named by Gallup as the most religious country on the planet, the campaign is also an attempt to contain public discontent over some of the government’s secular practices.

More importantly, the comments on the al-Shorouk newspaper’s website all supported the police’s actions. Part of the shock is that al-Shorouk is a progressive newspaper, attracting some of Egypt’s most prominent liberal writers such as Alaa el-Aswany, the author of the controversial bestselling novel The Yacoubian Building, which bravely tackled many of Egypt’s taboos such as homosexuality, police brutality and Islamic extremism. I scanned all the comments for anyone who believes that the decision to fast is an individual’s personal choice, and not something the one should be punished for, but to no avail.

Putting the political goals of this action aside, the support it received shows a great deal of religious insecurity. Many god-fearing people still believe that if laws don’t enforce religious practice, at least publicly, things might get out of control and it might become commonplace to see people eating or smoking during a Ramadan day.

Such campaigns encourage people to indulge behind closed doors, which leads to the creation of more taboos and promotes hypocrisy in the society. President Barack Obama said in his Cairo speech last June that “suppressing ideas won’t make them go away”. Similarly, criminalising fast-breaking during Ramadan won’t make violators stop doing it.

Religious groups seem reluctant to engage in open debate, but rather resort to force to get their ideas through. They should accept the fact that in Egypt there are people who prefer not to fast, who are also citizens of this country and have an equal right to practise their religious (or non-religious) credos freely.

This incident also provides evidence that the Egyptian police force continues to act as little more than a political tool in the regime’s hand rather than acting as a law enforcement authority to protect people’s freedoms, regardless of the political atmosphere of the time.

In the face of pressure from religious groups who are using their political capital to fight for yet more measures to ‘protect’ religious values, the government should remember that human rights and individual liberty are also values that need protection.

This column appeared in The Guardian Unlimited’s Comment is Free section on 16 September 2009. Read the related discussion. Reprinted here with the author’s permission. © Osama Diab. All rights reserved.

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