|
|
|
A fresh violation
of the freedom of thought, belief, and expression:
EOHR rejects the decision to grant al-Azhar the power of censorship
2/6/2004
EOHR unreservedly opposes the decision of the Minister of Justice Farouq Saif Al Nasr empowering al- Azhar inspectors to confiscate publications, cassettes and speeches that contradict the Islamic principals, legislation and values.
EOHR considers this decision a breach of the freedoms of thought, belief, and expression which are guaranteed by Articles 47, 48 and 49 of the Egyptian Constitution which grants freedom of expression and creation in the fields of literature, art, and culture.
This decision also contradicts Article (19) of the International Convention on Civil and Political Rights (ICCPR) which was automatically incorporated into Egyptian legislation after the Egyptian government ratified it.
This decision forms part of a long series of legal and administrative restrictions in the face of the freedom of opinion and expression in Egypt.
Egyptian legislation grants administrative authorities wide abilities to ban and restrict publications. Among these restrictions is the right of the Council of Ministers to ban any publications from outside Egypt, in addition to any publications that tackle religious issues in a way they consider threatens the public peace.
In addition Law 40 [1977] on political parties gives the Political Parties' Affairs Council the right to suspend publication of newspapers published by political parties.
The Ministry of Justice's decision further strengthens the censorship role of religious institutions.
The Islamic Research Council, which is also a part of al-Azhar, already enjoys wide powers of censoring and confiscating all kinds of publications - even those which have no relation to religion.
This is considered a breach of al- Azhar Law 13 [1961] and its implementing statute whose Article 17 states that the duties of the Research Council is to monitor and correct publications concerned with Islam.
Of relevance here is the Court of Cessation's decision 2062 [51] which severely condemned the request of the Research Council to confiscate books.
EOHR fears that in taking this decision the Government is trying to ingratiate itself with the Islamists in the light of the mass arrest campaign of Muslim Brotherhood members which occurred in May. After the Islamist movement showed itself to be a challenger to the current regime, the Government is hoping to control and contain the Islamist movement.
The Ministry of Justice's decision is a new restriction on the freedom of thought and belief, at a time when Egyptian society is in desperate need of encouraging religious dialogue.
EOHR demands:
1- The cancellation of the Ministry of Justice's decision giving al-Azhar inspectors the right to confiscate which violates the Constitution and international human rights instruments.
2- That the Egyptian Government abide by the provisions of the Constitution concerning freedom of opinion, thought and belief. Article 49 of the Constitution states:
The State guarantees to citizens the freedom of scientific research, artistic creativity and innovation, as well as providing the necessary means for its realisation.
3- Freedom of thought and innovation, which must not be subject to any form of censorship by religious institutions, since Egyptian legislation states that the Ministry of Culture is uniquely responsible for the censorship of audio-visual materials.
|
|
Copyright © 2002 EOHR. All rights reserved. 