Professional Documents
Culture Documents
The Cross of Middle Eastern Christians - Daniel Hoffman
The Cross of Middle Eastern Christians - Daniel Hoffman
3 (December 2005)
THE CROSS
OF
MIDDLE EASTERN CHRISTIANS
This Master Thesis has been written in 1996 by the director of Middle
East Concern (MEC). In order to be updated on the situation of Human
Rights and Christians in the Arab World, you may want to contact MEC:
Daniel.Hoffman@MEConcern.org
Daniel Hoffman
Master Thesis
Contents
Preface 1
Introduction 2
Chapter 1 Backgrounds 9
§1.1 Sharica 8
§1.2 History of Christians in the Middle East 15
§1.3 Communal identity 28
Chapter 2 Syria 36
§2.1 General background 36
§2.2 Questionnaire on the freedom of religion 46
§2.3 Analysis 60
Chapter 3 Libya 64
§3.1 General background 64
§3.2 Questionnaire on the freedom of religion 72
§3.3 Analysis 85
Chapter 4 Sudan 87
§4.1 General background 87
§4.2 Questionnaire on the freedom of religion 98
§4.3 Analysis 124
Conclusions 126
Bibliography 146
Preface
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Introduction
During the last fifty years1 human rights have been a much
debated issue. Human rights have been put down in different
United Nations declarations and covenants. The most important
are the Universal Declaration of Human Rights (adopted in
1948), the International Covenant on Economic, Social and
Cultural Rights and the International Covenant on Civil and
Political Rights (both adopted in 1966). Most of the debate has
been on the question whether these rights are universal or not.
In the Islamic world this debate has been very extensive.
Usually the argument was about the relation between the Islamic
law (sharica) and the human rights set down in the declarations
and covenants of the United Nations.2 The critique of many
Muslims regarding the existing human rights documents are
twofold:3
1. The concept of human rights is not a Western concept;
human rights were already set down in the sharica (so
they are from Islamic origin).
2. The existing human rights documents are not universal
1
This does not mean that there was no debate about human
rights issues before. Usually the so-called codex Hammurabi
(±1752 B.C.) is seen as the first document which says something
about the protection of the weak (Van der Heijden 1991, p.7-
23). The Mosaic laws (first half of the 13th century B.C.) are
seen as "the first attempt to the recognition of what later
would be called fundamental human rights" ("eerste aanzet tot
de erkenning van wat men later 'fundamentele mensenrechten' zou
gaan noemen", op. cit. p.7).
2
Much literature has been published on this subject. For
good overviews see: Van der Heijden (1991), p.24-47; Mayer
(1991). For a more recent debate see Mitri (1995). See also
chapter 1.
3
Van der Heijden (1991), p.28. The first point is actually
no critique but a mere statement. The second point is the
actual critique.
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7
For the terms see Saif (1995b), p.126, for the elabo-
ration see Saif (1995a), p.11-16 and Monshipouri (1994), p.
219.
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8
See note 6
9
The highest place means the worst situation for Chris-
tians. The highest and worst score is 100 points.
10
For these rights and the human rights declarations and
covenants see Appendix A.
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11
The director of the Religious Liberty Commission of the
World Evangelical Fellowship stated recently that "more
Christians have been martyred in the 20th century than in the
previous 19 combined." (Guthrie (1996), p.1). See also
Schlossberg (1991), p.19-21.
12
Since their religious ideas coincide with their politi-
cal ideas one might argue whether they are victims of religious
persecution or political persecution. They consider themselves
to be victims of religious persecution.
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13
For instance there is no report from Middle East Watch
on the Christian minorities in the Middle East. Amnesty Inter-
national has published some reports on this subject. In their
report "Into the 1990's (1990), p.6 there is a section on the
Middle East called "Religious minorities and nationalities
targeted". However the only religious minority mentioned are
the Shi'a Muslims.
14
On the World Watch List - Freedom of Religion Libya has
the highest variation degree (the variation degree reflects the
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Chapter 1: Backgrounds
§1.1 sharica
This section deals with the situation of Christians as
described in the sharica. First it gives a brief description of
the sharica, after which the provisions concerning Christians
will be dealt with and finally it looks at the influence of
these provisions on the Christians in everyday life.
17
Zayn Al-Abdin (1995), 20. Sura's (chapters of the Quran)
are called by their name (which is common use in the Islamic
World) and by their number (which is common use in the West).
18
See Nasir (1990), p.19-24 and Zayn al-Abdin (1995),
p.20-21
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19
The four most important schools are: Hanafis, Malikis,
Shafiis and Hanbalis (Nasir (1990), p.15-18)
20
Ayoub (1994), p.89-90
21
Ali Engineer (1995), p.33-34.
22
An-Na`im (1990), p.19
23
The Mejelle was a code of law in the shape of a Western
code of law. It covered all areas of civil law personal status
law excluded. The Mejelle endured until the end of the empire
and persisted thereafter in many of the successor states (Yapp
(1991), p.113). The Mejelle also influenced the civil codes of
Syria, Iraq and Jordan (see Nasir (1990), p.24-28).
12
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24
Professor P. J. Vatikiotis summarizes this application
as follows: "The codifications of the sharica by the various
schools or rites of law [...] represent an ideal pattern of
conduct that was and often is overriden [sic] by local custom,
usage and tradition." (Vatikiotis (1991), p.39. The sharica
regulates both the relationship God - man (private life) and
the relationship man - man (public life). The regulations
concerning public life were never fully applied (Watt (1991b),
p.46).
25
Adherents to religions which received a revelation which
is considered holy by Muslims: Jews, Christians and Zoroastri-
ans.
26
See Shadid (1992), Aldeeb Abu-Sahlieh (1994), p.87-158
and Fattal (1958) for a detailed account of the provisions in
the sharica on Christians.
27
Interview with Dr. D. Douwes
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28
For this subject see Fattal (1958)
29
For a overview of the legal status of the sharica in the
constitutions of countries with a majority of Muslims see
Rhoodie (1984), p.103-117
14
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30
Fisher (1995b), p.741. See also chapter 3.
31
For Sudan see chapter 4, for Saudi Arabia see e.g.
Amnesty International, Religious Intolerance: The arrest,
detention and torture of Christian worshippers and Shi'a
Muslims, London, 1993 or U.S. State Department, Saudi Arabia
Human Rights Practices, Washington (yearly publication)
32
e.g. in Jordan, Kuwait, Algeria, Saudi Arabia, Egypt,
Bahrein, Morocco, Tunisia, Syria and Iraq (Aldeeb Abu-Sahlieh
(1994), p.130-133 and Nasir (1990), p.70).
33
In only one Arab country a Muslim can register his
apostasy with the government: Lebanon (Open Doors (1996a), p.23
and Aucagne (1994), p.288-289).
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§1.2.1 History
Christianity originated in Palestine. Very soon it expan-
ded to Syria and further north to Cilicia, Asia Minor and from
there into Southern Europe. Christianity also soon expanded
westwards to Egypt and Cyrenaica. At the end of the first
century there were churches all around the Mediterranean. From
the end of the first century onwards Christianity has also
crossed the Euphrates and expanded further eastward.
In the third century there were important Christian
communities in Egypt, Palestine, Syria and Mesopotamia.43 In 383
Christianity was declared religion of the state in the Roman
Empire. Therefore many people converted to Christianity because
this offered economic and political advantages to them.
In the fifth century major schisms occurred. In 431 the
Church of the East split from the church of the empire and
twenty years later they were followed by the Oriental Orthodox
Churches.44 In Egypt, South Turkey and North Syria most Chris-
tians were Oriental Orthodox and were persecuted by the Byzan-
tine government which adhered to the Eastern Orthodox Church.
At the time of Muhammad - the beginning of the seventh
century - most people in the Middle East (except for those on
the Arab Peninsula) were Christians. On the Peninsula there
were Christian tribes in the Najran and in Yemen. During his
lifetime the Muslims conquered most of the Peninsula. Muhammad
offered the Jews and Christians on the Arab Peninsula a trea-
ty:45 the Jewish or Christian tribes regularly paid the Muslim -
people a tribute and the Muslims gave them an autonomous and
protected status within the Muslim state in exchange for this.
43
Valognes (1994), p.23
44
See Appendix B.
45
For the treatment of Christians in this period see
Biegel (1972), p.42-56
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c
During the reign of the second caliph - Umar (634-44) - a
phenomenal expansion began which lasted for about a century. By
750 the Muslim empire extended from most of Spain and the whole
of North Africa in the west into Central Asia and the Punjab in
the east. The border in the south was the Arabian Sea and it
went up north as far as Syria. The Nestorian and Oriental
Orthodox Christians, who regarded the Islam as a branch of
Christianity, considered the Muslim armies their liberators
from the Byzantine (Eastern Orthodox) oppressors. Sometimes
they even fought alongside the Muslim armies against the
Byzantines.46
The Muslim rulers applied the same policy to the
Christians as Muhammad had done. They concluded treaties with
the inhabitants of cities which had surrendered. This meant
that the Christians paid tax and submitted to a number of
restrictions (see §1.1.2). In exchange the Muslim government
vowed to protect them and their property and allowed them some
room for autonomy under their religious head.
In practise the Muslims acted with the Christians in
accordance with the treaties, although deviations occurred.
There have been only three caliphs who actively persecuted
Christians: the Umayyad caliph cUmar II (717-20), the Abbasid
caliph al-Mutawakkil (847-61) and the Fatimid caliph al-Hakim
(996-1021).47 Sometimes, the Christians were attacked by mobs
who physically abused them and destroyed property. This could
happen in times of crisis, when Christians displayed their
46
Muhammad (1994), p.5-6
47
al-Mutawakkil even demanded that all the Non-Muslim
graves would be destroyed and that Non-Muslim attached a wooden
demon statue to their houses (Biegel (1972), p.268 note 61).
Al-Hakim was a madman who persecuted anyone, including his
Sunni Muslim subjects. Kennedy describes him as an "eccentric",
"unstable psychopath" and "disordered personality" (Kennedy
(1986), p.331-3).
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48
Biegel (1972), p.50,52; Watt (1991a), p.61. When the
Mongols occupied Damascus (1260) the Christians drank wine in
public and poured it over the clothes of Muslims and over the
doors of mosques! (Biegel op.cit. p.52)
49
Watt (1976), p.148-149; Biegel (1972), p.43
50
Hourani (1947), 18; Levtzion (1979), p.7
51
Levtzion (1979), p.9
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56
For a detailed account of the Crusades see Maalouf
(1984).
57
Watt (1991b), p.39
58
Valognes (1994), p.68
22
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59
"l'époque la plus noire de leur histoire" (Valognes
(1994), p.70).
60
Valognes (1994), p.70-71
61
Biegel (1972), p.59
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until the end of the 19th century they were given a special
autonomous status within the Islamic empires. In exchange for
their autonomy they were made subject to a number of discrimi-
natory regulations set forth in the sharica. After the Muslim
conquest Christians made an important contribution to the
emerging Islamic civilisation by acquainting the Muslims with
the ancient Greek and Christian thought. Christianity started
to become marginalised after this so-called "age of trans-
mission".
The European powers increasingly allied themselves with
Christian communities from the 17th century onwards in order to
gain influence in the domestic affairs of the Ottoman Empire.
This improved the situation of many Christians. The position of
the Christians improved even more in the time of the mandates.
After the independence Christians lost most of their influence
in the administration. At present, the most important problem
of Middle Eastern Christianity is the ongoing emigration.
29
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77
See also Appendix B
78
Everywhere in the Middle East many Christians tell
stories of how the invading Muslim armies gave the Christian
inhabitants the choice between conversion to Islam and death.
The previous paragraph showed that this actually rarely
happened.
79
Several interviews with observers in Syria and my own
observations in the Middle East.
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the group. A group becomes "the bottom line for most kinds of
social and economic organisation."84
Religious identity in the Middle East is still very
important. Usually, members of a family all adhere to one and
the same religion. Conversion from one religion to another is
considered to be treason to the religious community and brings
great shame upon the family.85 In daily life some sort of
segregation often exists.86 Christians sometimes do not want to
hire a Muslim and vice versa. Christians often go to a
Christian doctor, pharmacist etc. and Muslims to a Muslim
doctor and pharmacist. There also often exists a geographical
segregation. Villages are often mainly Christian or mainly
Muslim and many cities have quarters which are either mainly
inhabited by Christians or by Muslims, although there are mixed
villages and quarters.
The influence of communal identities varies from one place
to another. In large cities, like Cairo or Damascus, this
influence is usually much smaller than in smaller cities or
villages. Also in the lower classes their influence is much
larger than in the higher classes. However, the religious
identity generally influences one's life.
33
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87
For a description of the Islamic perception of Christi-
anity see Jomier (1988), p.123-124.
88
Stated by J. Strengholt (former Dutch correspondent in
the Middle East) during an interview in 1994. Also see Habib
(1985), p.30-31
34
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were better educated and more familiar with the ideas of the
West (which was superior to the Ottoman Empire in technology
and science). Nowadays many Christians are still more Western-
orientated than most Muslims and the West is still regarded as
superior to the Islamic World. This gives many Christians a
sense of superiority over Muslims.
35
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90
Haddad (1988), p.73
91
Haddad (1988), p.67-74
92
Haddad (1988), p.72
93
See Habib (1987)
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94
Habib (1987), p.24
95
Rugh (1985), p.207
96
quoted from Ostling (1990), p.45
97
"ceux qui étant légalement musulmans, soit de naissance,
soit à la suite de conversion, cessent de l'être" (Aldeeb Abu-
Sahlieh (1994), p.106)
98
op.cit. p.111
99
see §1.1.2. See also Aldeeb Abu-Sahlieh (1994), p.106;
Ayoub (1994) and Van der Heijden (1991), p.34
100
Aldeeb Abu-Sahlieh (1994), p.106 and Ayoub (1994),
p.88-89. Ayoub (op. cit.) states that many jurists hold that
"enjoining repentance is commendable, not mandatory".
37
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Chapter 2: Syria
40
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109
Chouet (1995), p.94
110
N. van Dam in an interview (De Gruyter (1996), p.54)
111
Several interviews with Christian leaders and former
civil servants. Van Dam (De Gruyter (1996), p.54) calls this
dichotomy "the greatest taboo of Syria".
112
ibid.
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113
Chouet (1995), p.112 and interview with Dr. D. Douwes.
114
MEW (1991), p.93
115
MEW (1991), p.94; Chouet (1995), p.103 and Abdallah
(1983), p.80. Examples of Sunnis in high places are: Abd al-
Halim Khaddam (Vice-president for Political and Foreign Af-
fairs), Gen. Mustafa Tlass (deputy Prime Minister and minister
of Defense), Hikmat Shihabi (Army Chief-of-Staff and the leader
of the peace negotiations with Israel) (Van Dam (quoted in: De
Gruyter (1996), p.54) and MEW (1991), p.94).
116
Several interviews with Christian leaders and Western
diplomats.
117
Chouet (1995), p.113-116
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Sunni families.118
Although Christian individuals have occupied high posts in
this regime, Christians are not favoured as a group.119 Since
1992 there have been no Christian ministers. In 1994 Christians
occupied four (out of 250) seats in parliament. In the
administration they are better represented, but seldom in high
places. Christians are well-represented in the diplomatic
service because of "their familiarity with the outside
world".120 Christians are also well represented in consultative
posts, "where their talents can be used with discretion and
without risk"121 (of offending the Muslim majority).
Syria is notorious for its "severe human rights violati-
ons".122 Since the present government came to power as the
result of a military coup and is dominated by a minority, the
regime has to rely on a large amount of repression. There are
several security services which are monitoring everyone (inclu-
ding each other). Each and every act that is regarded as
subversive is severely punished.
The human rights violations include the widespread use of
torture, arbitrary arrest and prolonged detention without
trial, continued imprisonment after prisoners have served their
118
Op. cit., p.113
119
Van Dam (1979), p.102. For the following distribution
of Christians over the administration see Valognes (1994),
p.715-716.
120
"leur familiarité avec le monde extérieur" (Valognes
(1994), p.716)
121
"où leurs talents peuvent être utilisés dans la dis-
crètion et sans risque" (Valognes (1994), p.716). Both presi-
dent Hafiz al-Asad and his brother vice-president Rifaat al-
Asad have Christian counsellors (Chouet (1995), p.112).
122
USSD (1995a), introduction. This section is based on
USSD (1993), p.1088-1095 and USSD (1995a).
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123
Piecuch (1989), p.3: 13% of the population; Horner
(1989), 115: 9.29%; Abdallah (1983), p.35: 10%; Van Dam (1979),
15: 14.1%; Johnstone (1993), p.523: 8%; UNHCR (1993a), p.1:
10%; Valognes (1994), p.699: 10%; MEW (1991), p. 90: 8%; during
interviews I was given the following numbers: 8%; between 10%
and 12%; between 15% and 20%.
124
Horner (1989), p.87 and Valognes (1994), p.713-714.
125
For numbers of the different denominations see Horner
(1989), p.115; Johnstone (1993), p.523; Fischer (1995a), p.904-
905; MEW (1991), p.90; Agnelli (1996), p.61 and Valognes
(1994), p.713.
126
Although there exist indigenous Syrian Orthodox
communities in Syria, most Syrian Orthodox are refugees from
44
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133
Sicking (1989), p.74. Many Orthodox see the union of
the Uniate churches with Rome as a Westernization ("Occidenta-
lisation") (op. cit.)
134
Interviews with an Orthodox MECC employee and a Catho-
lic leader.
135
Valognes (1994), p.732; Picchi (1991), p.12; Ploquin
(1996), p.10 and Sicking (1989), p.74-79.
136
Interviews and Valognes (1994), p.732-733
137
"plus sensibles à leur identité globale de chrétien en
face de musulmans qu'aux disputes entre Eglises." (Sicking
(1989), p.77)
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The churches that are most open towards other churches are
the Syrian Orthodox Church and the Syrian Catholic Church. The
church that is least open towards others is the Eastern
Orthodox Church (they lost many members to the Catholic and
Protestant Churches).138
138
All observers and representatives of the Middle East
Council of Churches agreed unanimously on this matter.
139
Horner (1989), p.87 and several interviews. In the
Jazira there seems to be some open hostility from Kurds towards
Christians, like intimidations and coercion to sell their lands
(interviews with Syrian and foreign observers who regularly
visit the area and Valognes (1994), p.730).
140
Interviews with a foreign observer who lives in Syria
and Piecuch (1989), p.3.
141
Interviews; Piecuch (1989), p.3 and Valognes (1994),
p.729.
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142
Horner (1989), p.87
143
Interviews with several foreign and Syrian observers
and Valognes (1994), p.729.
144
Open Doors (1996a), p.21 and Hafouri (1995), p. 5.
145
"We hebben goede contacten met de leiders van de mos-
lims. We houden uitwisselingen met elkaars feesten. Maar er is
geen dialoog, laat staan een poging tot evangelisatie. Dat is
kenmerkend: de christenen proberen zich te verdedigen, hun
gelovigen te behouden[...]. We hebben geen opening naar de
islam." (Hermans (1991), p.37).
146
Sicking (1989), p.78
147
Many Christians from several denominations stated to me
that they were thankful to this government for "subjugating the
Muslims". The same phenomenom is noted by W. de Smet (see
appendix C) during an interview and Ploquin (1996), p.10.
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148
"sont sévèrement surveillés par l'armée.[...] N'empêche
que le feu est toujours sous la cendre, et il suffit d'un petit
coup de vent pour que ça flambe." Hafouri (1995), p.5.
149
Valognes (1994), p.722-723 and Hermans (1991) in which
mgr. Georges Tayroyan (vicar of the Armenian Catholic patri-
arch) states that, since the Syrian (i.e. Syrian Orthodox and
Catholic) and Chaldean Christians have lost their language, "we
are almost the only ones who preserve our language on a large
scale" ("wij zijn haast de enigen die onze taal op grote schaal
bewaren.") (p.41).
150
Valognes (1994), 720-721
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* 1B
The constitution is partly based on the sharica. Article
3(2) reads: Islamic jurisprudence is a main source of law in
Syria.162 In practice, however, this statement must be construed
restrictively. The principles of the sharica are only in force
in matters of personal status.163 For Christians there are sepa-
158
Valognes (1994), p.726
159
In this paragraph I will only give the number of the
question and then answer it; for the questions see Appendix A
160
"La liberté de croyance est garantie et l'État respecte
toutes les religions" (Aldeeb Abu-Sahlieh (1994), p.107)
161
"L'État garantit la libre practique de tous les cultes
religieux à condition que cela ne viole pas l'ordre public"
(ibid.)
162
Valognes (1994), p. 715; Kelidar (1974), p.18 and Amin
(1985), p.359
163
Amin (1985), p.363 and Nasir (1990), p.32-33
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rate personal status courts where their own laws are applied.
The Protestants and Catholics have one court each. The Orthodox
denominations have their own courts.164
* 1C
Everyone has the right to go to court if they believe
their freedom is violated and - theoretically - everyone should
get a fair trial.165 However, in practice the judicial system in
Syria is not fair and uncorrupted at all. No Syrian can ever
win a case against the army, police or security forces. If a
case is non-controversial, courts are normally free of
government coercion. Nonetheless, it has become more prevalent
to bribe the judges. There are several other exam- ples of
security officers being bribed to influence the outcome of
court cases.166
* 1D
All religions must register with the government.167 Concer-
ning the Christians, the following denominations are recogni-
sed: the Eastern Orthodox Church, the Syrian Orthodox Church,
the Armenian Apostolic Church, the Assyrian Church, the Melkite
Church, the Maronite Church, the Armenian Catholic Church, the
Syrian Catholic Church, the Roman Catholic Church, the Chaldean
Catholic Church, the Armenian Evangelical Church, churches
164
Piecuch (1989), p.3; Fisher (1995a), p.904; Valognes
(1994), p.715 and Nasir (1990), p.33.
165
This section is based on USSD (1995a), 1e
166
I heard several examples during the interviews. One
Catholic leader told me the court cases between Christians over
church buildings is usually won by the party who is able to
assure itself the support of the security services.
167
This section is based on interviews and personal obser-
vations.
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* 2A
The state has a neutral attitude towards the Christian
religion. Christians can do whatever they want, as long as they
do not disturb the public opinion or the public order. As a
minority community the Christians are sometimes favoured as far
as jobs inside the government are concerned (see §2.1.1 and
question 2C).
The state has a negative attitude towards the relations-
hips between some churches and the outside world, especially
between Protestant Churches and the West and between the
Maronites and their co-religionists in Lebanon.
The government, which is a fervent adherent of Arab natio-
nalism, also has a negative attitude towards the desire of some
churches to preserve their Non-Arab language and culture (the
Armenian Orthodox, Catholics and Protestants their Armenian
culture).
The Christians are expected to voice their support of the
168
USSD (1995a), 2c
169
This is a very small denomination which is historically
closely linked with the Armenian Evangelical Church. In Syria
they belong to the Union of Armenian Evangelical Churches.
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* 2B
Churches are severely monitored by the security forces.175
The security forces have a special section concerned with
170
Several interviews with leaders of the different deno-
minations.
171
They often give two sermons on these occasions: one
political sermon and one pastoral sermon.
172
Several interviews with church leaders.
173
Interview with Dr. H. Teule. The Assyrians are a rela-
tively small community, mainly consisting of foreigners.
174
Interviews with several observants and protestant
leaders.
175
This section is based on interviews with several church
leaders and my personal experience. See also Open Doors
(1996a), p.24.
54
St Francis Magazine Nr. 3 (December 2005)
* 2C
There are some Christians in high positions in the admi-
nistration and the army and there are also Christian judges.178
However, all the key security positions are occupied by Alawis.
The Christians are not favoured as a group regarding higher
post (see also §2.1.1).
Some people also note a decrease of the number of
Christians in the government. The government aspires a greater
involvement of the Sunni Muslims in the administration. The
increase of Sunni representation is not at the expense of the
Alawis but of other minorities, like the Christians.179
176
Open Doors (1995)
177
During my interviews with Protestant leaders several of
these visits occurred.
178
Aldeeb Abu-Sahlieh (1994), p.150,155
179
Hopwood (1988), p.97; Van Dam (1979), p.101 and inter-
views
55
St Francis Magazine Nr. 3 (December 2005)
* 3A
All churches that are recognised are free to gather as a
church (see also question 3B and 3E).
* 3B
In order to get permission to build a church Christians
have to meet two requirements: they must belong to one of the
recognised denominations and they must have a congregation (for
the new church) of at least 15 members. If these two conditions
are satisfied the permission is granted.180
In villages with a Muslim majority the governments
consults the Muslim community before giving permission. If the
Muslims number approximately 75% or more they often ask the
government to withhold a permission. The government usually
honours this Muslim request.181
Protestants often have difficulties finding someone
willing to sell land when they want to build a church in
Orthodox or Catholic villages because most of their members
originate from these two churches.182
* 3C
The churches are free to elect their own leaders without
the government interfering.183
* 3D
180
Several interviews with leaders of different
denominations.
181
Interview with a Protestant leader who regularly visits
the villages.
182
Protestant leaders gave me several examples.
183
Interviews and Open Doors (1996a), p.24.
56
St Francis Magazine Nr. 3 (December 2005)
* 3E
Christians are free to organise activities in their
churches, as long as these have nothing to do with politics.189
184
Interviews with several Orthodox, Catholic and
Protestant church leaders; Open Doors (1995), p.20 and Open
Doors (1996a), p.22, 24, 25.
185
Interview with Eastern Orthodox and Protestant church
leaders and Open Doors (1996a), p.22, 24.
186
Interviews with leaders and participants; Open Doors
(1995), p.20 and Open Doors (1996a), p.25.
187
For instance in Hassake two Syrian Orthodox Christians
participate (Open Doors (1996a), p.18).
188
Open Doors (1995), p.20
189
Interviews; Open Doors (1996a), p.24 ; Hermans (1991),
57
St Francis Magazine Nr. 3 (December 2005)
* 3F
Churches are allowed to maintain links with co-religio-
nists abroad, although the government is suspicious of such
links (see question 2A). They are also free to receive foreign
aid but every kind of outside support requires the approval of
the government. Receiving funds is more difficult than recei-
ving goods (e.g. literature).
Especially the Catholics and the Protestants receive
foreign aid from respectively Catholic and Protestants organi-
sations. The Orthodox Churches sometimes receive financial
support from their communities in the West (see also §2.1.2).191
* 3G
During the past few years the government expelled several
foreign Christians who worked in Syria on a church visa. At
present there are only a few left: the Catholics have some
personal left (most of them have been living in Syria for
58
St Francis Magazine Nr. 3 (December 2005)
* 4A
The publication of religious material is subject to the
same censorship as secular material, i.e. censors forbid
material that is "critical of the government, offensive to any
of Syria's religious groups, too graphic in its description of
sex, unfavourable to the Arab cause in the Middle East con-
flict, or partial to sectarism".195
The Bible is freely available and can be imported. Other
religious material is not widely available.196 These materials
are censored when they are imported. Some denominations claim
they have difficulties importing religious material.197 The
Christian material at the annual book fair in Damascus is also
censored (except for the Bible).
There are two shops of the Syrian Bible Society, two
Family Bookshops (bookshops of the Middle East Council of
Churches) and a few other bookshops which sell Christian
publications.198
192
Interviews with several church leaders , several of
these foreign employees and Open Doors (1995), p.12
193
In the Protestant meaning of the word: people who enter
a country with the purpose of evangelizing.
194
Interviews
195
USSD (1995a), 2a
196
Open Doors (1996a), p.25 and Piecuch (1989), p.3.
197
Valognes (1994), p.720
198
Interviews and Open Doors (1996a), p.25
59
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* 4B
Christians need permission for outdoor activities. For
processions permits are usually granted (all major Christian
holidays are officially observed by the government).200
For evangelistic activities permits are issued if the
activities take place in Christian quarters and under the
auspices of a recognized church. Although there is no law
against proselytizing Muslims, in practise the government does
prohibit this.201 Anyone who is seen evangelizing Muslims will
be arrested.
For most other activities permits are often not granted
(e.g. educational activities).202
* 4C
None of the churches have their own radio or television
program. During Christmas and Easter there are Christian
programs on radio and television. The Christians have asked for
more Christian programs but this has been denied.203
199
Interview
200
USSD (1993), p.1091 and Valognes (1994), p.717.
201
Interviews and USSD (1995a), 2c The government often
uses a law that forbids "stirring up strife between the diffe-
rent communities" to withhold a permit.
202
Several interviews with people of different denominati-
ons. See also Hermans (1991) where the Melkite Patriarch
complains about this matter (p.38).
203
Hermans (1991), p.38 and Piecuch (1989), p.3.
60
St Francis Magazine Nr. 3 (December 2005)
* 4D
Prior to the latter half of the sixties most denominations
had their own schools. However, in this period the government
forced the schools to accept government appointed co-
principals, to follow a curriculum designed by the Ministry of
Education (which weakened the Christian identity of the
schools), to provide Islamic religious instruction for Muslim
pupils and to avoid the use of any names for schools that would
identify them with a particular church. The Catholic Churches
decided to close their schools (which were nationalised by the
government), the Orthodox and Protestant Churches decided to
adjust to the new rules.206
Starting in the late eighties the government started to
return some of the schools to the Orthodox and Protestant Chur-
ches. At present there are approximately forty Christian
schools:207 The Eastern Orthodox have two large colleges (one in
Damascus and one in Aleppo),208 the Syrian Orthodox Church has a
few primary schools, the Syrian Catholic Church also has a few
primary schools and one college (in Hassakeh),209 the Melkite
204
Valognes (1994), p.721
205
Valognes (1994), p.722
206
Interviews; Horner (1989), p.87; Picchi (1991), p.8-10;
Valognes (1994), p.718; Hermans (1991), p.37 and Open Doors
(1995), p.14-15
207
Valognes (1994), p.718
208
Valognes (1994), p.720
209
Valognes (1994), p.722
61
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* 4E
As for other activities churches have to apply for permis-
sion in order to engage in social work. Normally, this permis-
sion is granted. However, there are some reports of withholding
permissions.214
In the mid-sixties the government nationalised services
that were rendered by the churches (see also question 4D). The
charitable institutions of the churches were not nationalised
but remained with the churches.215
At present, the following Churches are engaged in social
work: Eastern Orthodox,216 Melkite,217 Maronites,218 Latin-Rite
Catholics219 and Protestants.220
210
Valognes (1994), p.721
211
Valognes (1994), p.724
212
Valognes (1994), p.725
213
Interviews with church leaders and Open Doors (1996a),
p.22
214
Interviews and Open Doors (1996a), p.22 (both sources
are Eastern Orthodox leaders).
215
Interviews
216
Valognes (1994), p.720
217
Valognes (1994), p.721
218
Valognes (1994), p.725
219
They have their own welfare organisation (al-Kalimat
Social Work) which is affiliated with Caritas International)
62
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* 4F
Christian children are not forced to attend Islamic
education. Religious education is compulsory at the state
schools. A committee of Christians makes the curriculum. First
the state has to approve it after which the government prints
and distributes it for free.221
* 5A
Christians are not physically persecuted because of their
faith.
* 5B
Christians are not legally persecuted because of their
faith.
* 5C
Some people I interviewed mentioned that students at the
university are sometimes discriminated against by Muslim tea-
chers, in a sense that it has become more difficult for them to
pass exams. Apart from these statements I have found no indi-
cations that point to discrimination against Christians at
schools.
* 5D
Personally, I have found no evidence of Christians being
63
St Francis Magazine Nr. 3 (December 2005)
* 5E
In matters of family law the sharica is applied in Syri-
a.223 This means that a Muslim man is allowed to marry a Chris-
tian woman. In this case the woman is allowed to remain Chris-
tian but the children will be Muslim. However, a Christian man
is not allowed to marry a Muslim woman (and a Muslim woman is
not allowed to become a Christian, see question 5G). Many men
therefore convert to Islam in order to marry a Muslim woman.224
One way around this law is to marry in a foreign country
and then return to Syria. This marriage will be valid in Syria.
The rare instances this has happened the marriage was
contracted either in Lebanon or in Cyprus.225
* 5F
Syrians are free to travel inside Syria, except for
security areas (i.e. around the Golan Heights).
Syrians are required to have a government permit to travel
abroad (except for travelling to Lebanon).226 The government
222
However Open Doors states in an unpublished report in
1995 (not the one mentioned in the bibliography) that perse-
cution does occur. Also, Sicking (1989) writes about "interes-
ting jobs, that are often reserved preferably for Muslims"
("emplois intéressants, réservés souvent en priorité aux
musulmans") (p.77).
223
Nasir (1990), p.69-70
224
According to several church leaders this is a major
problem for the churches (interviews and Open Doors (1996a),
p.23).
225
Interview with an Orthodox and a Catholic church leader
and Open Doors (1996a), p.23.
226
Syria - unofficially - regards Lebanon as part of
Greater Syria and has great influence in Lebanon as a result of
the presence of approximately 30,000 Syrian soldiers in Leba-
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St Francis Magazine Nr. 3 (December 2005)
* 5G
There is no law which prohibits conversion from Islam to
Christianity, but "in practise the government discourages such
activities."229. It is also impossible for a Muslim to change
his religious registration with the government.
The government registers the religion of its citizens.
This registration does not influence daily life to a large
extent. However, it is important in some cases, e.g. matters
governed by family law. When a Muslim woman becomes a Christian
she is unable to marry a Christian man and since she usually
does not want to marry a Muslim man she has to remain unmarried
for the rest of her life (in Syria). A Muslim man who converts
to Christianity is allowed to marry a Christian woman but their
children will always be registered as Muslims. Also, a Muslim
who converted to Christianity will be buried in a Muslim
cemetery. When a Christian converts to Islam he has no
difficulties in getting his registration changed.230
65
St Francis Magazine Nr. 3 (December 2005)
* 5H
The treatment of a Muslim convert to Christianity by the
government varies. Sometimes the convert is questioned several
times by the security police. During this questioning the
convert is sometimes put under pressure in order to persuade
the convert to return to Islam. There are cases in which a
convert was put in prison (the time in prison ranging from a
few days to a few months). However, converts are regularly left
in peace by the government.
The family usually puts pressure on a convert to return to
Islam. If the convert refuses he is often ostracized by his
family. In some cases the family even killed the convert. The
government did not persecute the killers because it considered
this incident an internal family matter.
I learned of some cases in which converts "lost their jobs
or [...] experienced problems in schooling/studying."231
* 5I
Christians are not put under pressure to change their
religion.
* 5J
The constitution states that the state guarantees the
232
principle of equality among all citizens. The only legal
discrimination is that the constitution states that the presi-
dent must be a Muslim.233
231
Interviews with Protestants and Open Doors (1995), p.16
and 21
232
USSD (1993), p.1093; USSD (1995a), 5; Aldeeb Abu-
Sahlieh (1994), p.93 and Valognes (1994), p.715
233
In the original version of the constitution of 1973
this statement was omitted and no reference was made to Islam
in the constitution. After widespread opposition and rioting
the constitution was changed and this requirement was adopted
66
St Francis Magazine Nr. 3 (December 2005)
* 6A
The church has not been seriously weakened by persecution
in this country.
However the church has been seriously weakened by emigra-
tion.234 The emigration is caused by the bad economic situation,
unemployment and better education in the receiving countries,
but also by fear for the future. Many Christians fear the Sunni
Muslims will come to power after Asad's death and they fear
this will lead to their persecution.235
§2.3 Analysis
The answers to the questionnaire show that Christians have
a high degree of religious freedom in Syria.236 The restrictions
on the religious liberty of Christians are not caused by a
negative attitude of the government towards Christianity per
sé, but either by the bad general human rights situation237 or
by the desire of the government not to offend or upset the
Muslim majority.
67
St Francis Magazine Nr. 3 (December 2005)
238
Valognes (1994), p.728-729 and Open Doors (1996a), p.23
68
St Francis Magazine Nr. 3 (December 2005)
239
A powerful example of this desire is the destruction of
churches in Hama in 1982: after the rebellion of the Muslim
Brotherhood in Hama the army destroyed several mosques. In
order not to be regarded as favouring Christians, several
churches were also destroyed (interviews with Christians in
Hama and Valognes (1994), p.729).
69
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70
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Chapter 3: Libya
240
This chapter is based on literature and several inter-
views. Most literature is listed in the bibliography (I also
used a few reliable, confidential reports and several letters
written by Christians in Libya (both Libyan and expatriate)
which I cannot quote). For the interviews see appendix C. For
the sake of the personal safety of the people I interviewed I
do not quote them by name.
Some material has been derived from sources of the World
Islamic Call Society (WICS). This society was founded by the
Libyan government in 1972. It is the "outlet for state-
sanctioned religion as well as a tool for exporting the Libyan
revolution abroad" (USSD (1995b), 2c). Therefore I take
opinions stated by the WICS to be the opinions of the govern-
ment.
71
St Francis Magazine Nr. 3 (December 2005)
72
St Francis Magazine Nr. 3 (December 2005)
246
Quoted in: WICS (1985), p.38-39
247
Quoted in Anderson (1983), p.142
248
Harris (1986), p.59 and in the Lebanese newspaper As-
Safir Qadhafi stated that "religious pluralism in one and the
same nation constitutes an abnormal situation" ("le pluralisme
religieux au sein d'une même nation constitue une situation
anormale", Rance (1990a), p.170). See also Qadhafi (n.d.), p.8.
249
"Il est aberrant d'être arab et chrétien, la religion
du nationalism arabe étant l'islam. S'ils sont authentiquement
arabes, ils (les chrétiens) doivent embrasser la foi islamique"
(Quoted in: Rance (1990a), p.170). See also WICS (1985), p.38-
39 and Rance (1990a), p.172 where Qadhafi is quoted on other
occasions where he made similar statements.
73
St Francis Magazine Nr. 3 (December 2005)
74
St Francis Magazine Nr. 3 (December 2005)
16 (August 4, 1995), p.4. Every now and then there are reports
of fighting between Islamic groups and Libyan security forces
in Libya (e.g. al-Hayat, July 11, 1995 and Middle East Times
July 16-22, 1995).
255
Harris (1986), p.49
256
USSD (1995b), 2c
257
Op. cit.
258
USSD (1995b), introduction. This paragraph is based on
this publication.
259
Horner (1989), p.90. No exact numbers are known, but
the number does not exceed a few tens (confidential reports and
75
St Francis Magazine Nr. 3 (December 2005)
interviews).
260
Interviews and Johnstone (1993), p.355
261
See the Roman Catholic Ecclesiastical Directory of
Tripoli and Benghazi (Libya), 1991
76
St Francis Magazine Nr. 3 (December 2005)
262
Teissier (1989), p.655
263
Confidential report
264
Interviews with Maltese Christians who regularly visit
the Protestant groups in Libya.
77
St Francis Magazine Nr. 3 (December 2005)
265
Magro (1990), p.48
266
"respectent et aiment un visage de l'église" (Teissier
(1989), p.655). A Catholic friar who regularly visits Libya
told me that the Catholic nurses "are well respected by
authorities and the people alike."
267
Protestant Christians who regularly visit Libya.
268
Letter from this Christian.
269
"Entant que chrétienne, il n'est pas facile de servir
son prochain dans ce pays" (Rance (1990a), p.316).
78
St Francis Magazine Nr. 3 (December 2005)
270
Op. cit.
271
Interviews with Christians who regularly visit all the
different denominations in Libya.
272
Open Doors (1993), p.6
273
Rance (1990a), p.315. However, another (oral) source
told me the bishop had been arrested and detained for six days
and that this had happened mistakenly and on false rumors.
274
Libyan Constitution as found on internet:
http://www.findlaw.com/01topics/06constitutional/03forconst/
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St Francis Magazine Nr. 3 (December 2005)
blished customs."
* 1B
In 1971 Libya was officially declared an Islamic State.275
Art. 2 of the Libyan constitution states: "Islam is the reli-
gion of the state".276 The constitution is based on the ideas of
Qadhafi - the so-called Third International Theory - as
outlined in his Green Book (three volumes). These ideas are a
mixture of Arab nationalism, socialism and Islam (see also
§3.1.1).
* 1C
According to the Constitution "everyone has the right to
resort to the Courts in accordance with the law" (art.30).
According to art. 28 of the constitution "judges shall be
independent. In the exercise of their functions, they shall be
free from any authority except that of the law and their
conscience".
In practise however, no one in Libya has the right to a
fair trial.277 Security forces sometimes have the power to find
people guilty without a trial. There is no private practise of
law and all attorneys are employees of the government. The
government can influence the decisions of the judges.278
* 1D
Some denominations in Libya are recognized as churches.
They have their own full-time priests and church buildings (see
275
Waardenburg (1987), p.436
276
See note 35
277
USSD (1995b), introduction: "Citizens do not have the
right to [...] a fair public trial".
278
USSD (1995b), 1e
80
St Francis Magazine Nr. 3 (December 2005)
* 2A
As long as the Christians practise their religion in
private (at home or in churches or chapels) the government does
not interfere with the Christians. Sometimes Christians suffer
from the reaction of the regime against activities of their co-
religionists abroad or their governments (see §3.1.2).
* 2B
The government in Libya "maintains an extensive security
apparatus" which results in "a multi-layered, pervasive sur-
veillance system which monitors and controls the activities of
individuals".280 Libyans have the saying: "the government knows
everything about you, even what soap you used this morning".281
279
Interview with foreign observer with contacts with
Christians who meet in houses.
280
USSD (1995b), introduction
281
Interview with a Libyan.
81
St Francis Magazine Nr. 3 (December 2005)
* 2C
Officially all Libyans are Muslims and they are not allo-
wed to convert to Christianity. There are therefore no Chris-
tians in the Libyan administration.
* 3A
The denominations that have a Church building (the Roman
Catholics, the Coptic Orthodox, the Eastern Orthodox and the
Union Church) are free to gather in their churches. They are
also allowed to conduct services in compounds of foreign
companies.283
There are also several chapels at locations where nuns or
friars are working in hospitals and orphanages. If a group of
nuns or friars works at a hospital or orphanage the government
has built a chapel there. In such a chapel the nuns or friars
are allowed to celebrate their masses. However, no one else is
allowed to participate - not even visiting Roman Catholic
expatriates.284
Father Magro (the Roman Catholic vicar-general of Tripoli)
writes on the subject of freedom of worship: "Personally I can
attest to the fact that we are permitted to celebrate Holy Mass
in every city, town and village along the endless coastline of
282
Several interviews with people who regularly visit
churches in Libya.
283
Confidential reports and Open Doors (1993), p.5
284
Interviews
82
St Francis Magazine Nr. 3 (December 2005)
* 3B
It is forbidden to build new churches in Libya. When the
present government came to power they confiscated all proper-
ties held by non-Libyans, including all churches.286 After a
while some buildings were returned to the churches: the Roman
Catholics, the Eastern Orthodox and the Coptic Orthodox all
received two buildings (one in Tripoli and one in Benghazi),
the Protestants received only one building (the Union Church in
Tripoli).287
The other former church buildings were turned into mosques
and into all sorts of public buildings (shops, post offices,
restaurants, etc.).288
* 3C
Christians are free to choose their own leaders. The
Coptic Orthodox, Eastern Orthodox and Roman Catholics are often
allowed to choose people who do not reside in Libya as their
leaders. These people are often allowed to enter Libya. Pro-
testants are usually only allowed to choose people as their
leader who reside in Libya and have a secular profession.289
285
Magro (1990), p.48
286
Harris (1986), p.15
287
Several interviews and (Catholic) Ecclesiastical Direc-
tory of Tripoli and Benghazi (Libya), 1991
288
Interviews and Vermaat (1994)
289
Several interviews. I know of at least two people who
wanted to enter Libya as a full-time pastor who were denied a
visa (one from New Zealand and one from Korea) (confidential
83
St Francis Magazine Nr. 3 (December 2005)
* 3D
Christians are free to train their own leaders and laymen
(see also question 3E).290
* 3E
Christians are free to organise any activity inside their
church buildings291 (except for political activities of course).
Occasionally, they are also allowed to hire other meeting
places and conduct services there.292
* 3F
The only aid foreign Christians are sometimes trying to
send to Christians in Libya are books and audio-visual materi-
al. Large-scale import of Christians book is made very diffi-
cult. The Roman Catholic Church complains that "most often our
religious books are confiscated and subjected to censorship
prior to being released weeks later".293
The Maltese Bible Society294 tried to export Arabic Bibles
to Libya but these were not allowed in. Representatives of the
84
St Francis Magazine Nr. 3 (December 2005)
* 3G
Christian missionaries are not allowed to enter Libya.
Christian missionaries are accused of practising "subversive
activities" and using "inhuman methods" while Muslims are
called on to "categorically reject the presence of Christian
missions in their countries and [...] authorities in those
countries [are urged] not to allow such activities for any
reason whatsoever".295
Christians who want to enter Libya to work full-time in
the churches often have great difficulties obtaining a visa.
Arabs do not need a visa. The African, Western and Asian
churches are led by people who have secular jobs in Libya. The
Union Church had a full-time pastor but after he left his
successor has been denied a visa.
I know of several Maltese and Egyptian pastors who regu-
larly go to Libya to train Protestant groups. This is allowed.
These pastors themselves believe their activities are allowed
because they do not need a visa to enter Libya. According to
them these activities would not be allowed to someone who
295
WICS (1985), p.245-246. See also Borrmans (1976), 147
which describes a WICS conference where Christian mission is
described as one of the "crimes" (méfaits) of Christianity and
as "a sin against the human liberty" (un péché contre la li-
berté humaine).
85
St Francis Magazine Nr. 3 (December 2005)
* 4A
Christians are free to distribute religious literature
among their community. It is prohibited to distribute Christian
literature among Muslims. However, Christians are not allowed
to print their own literature and the import of Christian
literature is difficult (see question 3F). There are no
bookshops that sell Christian literature.298
The books that are available have been imported either by
mail (mainly Bibles), by the embassy of a third world country
or by people who took the books with them when they visited
Libya.
* 4B
Christians are not free to organise any activities outside
their buildings. Processions seem to be no problem (at least
296
Interviews in Malta and Egypt.
297
Open Doors (1993), p.5-6 and Teissier (1989)
298
Letters from expatriate Christians living in Libya.
86
St Francis Magazine Nr. 3 (December 2005)
* 4C
No one in Libya has free access to the media. The U.S.
State Department concludes that in Libya "the State owns and
controls the media." There are no Christian radio or television
programs in Libya and there is also no Christian press.
There are three Christian radio stations which can be
received in Libya: one from Lebanon (111 hours a week), one
from the Seychelles (13 hours a week) and one from Monaco (7.5
hours a week).304
299
Interview with a Coptic Orthodox Christian.
300
Interviews with Coptic Orthodox, Roman Catholic and
Protestant sources.
301
Several confidential reports: one mentions that some
expatriate Christians are proselytizing among Libyans "despite
the persecution these foreigners are facing because of this."
Another report states that "Christians have been imprisoned for
attempting" to evangelize Libyans. A third report writes about
groups of expatriate Christians who tried to proselytise among
Libyans and "met with stiff government opposition".
302
Confidential report
303
Op. cit.
304
Johnstone (1993), p.335
87
St Francis Magazine Nr. 3 (December 2005)
* 4D
There are three kinds of schools in Libya: state schools,
schools for the expatriates of different language groups and
international schools.
Most schools in Libya are state schools. Due to a lack of
Libyan teachers many teachers come from neighbouring Arab
countries (especially Egypt).305 In these state schools religion
(i.e. Islam) is a compulsory subject.306
Many expatriates who reside in Libya on an individual
contract usually live in the cities and have their families
with them (contrary to those in the compounds who reside in
Libya on the contract their companies have with Libya). For the
children of these people schools exist for the different
language groups - Teissier mentioned at least Polish and French
schools.307 I do not know whether these schools teach religion.
A third type of schools are the international schools.
These can be found in the larger cities, like Benghazi and
Tripoli. These schools teach in English and they are attended
by both foreigners and Libyans. I do not know whether these
schools teach religion.
The Roman Catholic church is allowed to arrange confirma-
tion classes for Catholic children, in Tripoli alone more than
230 children.308 I do not know whether these confirmation clas-
ses are part of the schools' curricula or whether they are held
after school hours. I also do not know whether other churches
are allowed to organize confirmation classes.
305
Fischer (1995b), p.712 and Harris (1986), p.26
306
Harris (1986), p.38
307
Teissier (1989), p.654
308
Teissier (1989), p.655
88
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* 4E
The only Christians who are allowed to do charitable work
in Libya are the Roman Catholic nuns and friars. They have been
asked by the government to work in "the hospitals and the
social institutions of the state".309 In the Autumn of 1990 they
numbered just over 100 nuns and friars,310 mainly working in
hospitals, but also in orphanages and with disabled children.311
* 4F
If a Christian child attends a state school it is forced
to attend Islamic education. There is no indication of whatever
children at other schools are subject to Islamic education (See
as well question 5I).
* 5A-5D
Officially there are no Libyan Christians. What would
happen if it became known that a Libyan was Christian is not
certain (see also question 5H).
There are very few reports on the persecution and
discrimination against foreign Christians; on the whole they
seem to be respected (see §3.1.2).
* 5E
Marriages between foreigners are governed by the laws of
the countries of the spouses (usually the husband). If one of
the two is a Libyan however the Libyan law is applied to the
309
"les hôpitaux et les institutions sociales de l'État"
(Teissier (1989), p.654
310
Open Doors (1993), p.5
311
Teissier (1989), p.654
89
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couple.312
No Libyan woman is therefore allowed to marry a Christian
man (whether he is a Libyan or a foreigner). In all cases known
to me of a Non-Muslim woman who married a Libyan man the woman
had to convert to Islam.313
* 5F
With the exception of security areas, people usually have
the freedom of movement within Libya.314 Magro states: "All this
goes to the credit of the authorities of the country who give
us [i.e. Roman Catholic clergyman] all the freedom necessary to
travel across the land".315
Libyans need an exit permit to leave Libya. After a failed
coup plot in 1993, the government imposed additional exit
requirements, including the authorization of certain ministries
and limited access to hard currencies. Authorities routinely
seize the passports of people who are married to Libyan citi-
zens upon entry into Libya.316
Foreigners need a re-entry visa to return to Libya.
Sometimes they have difficulties obtaining one.
* 5G
Libyans are not allowed to become Christians by law.317
Foreigners are allowed to convert to Christianity in Libya but
312
Libyan Civil Code art.12-14 (Nasir (1990), p.38-39).
313
Interview with Maltese Roman Catholic friar who
regularly visits Libya.
314
USSD (1995b), 2d
315
Magro (1990), p.48
316
USSD (1995b), 2d
317
Several interviews
90
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* 5H
All sources agree that Libyans who would convert to
319
Christianity would be persecuted by their family. I know of
several Christian women who married Libyan men. They had to
convert to Islam and they were told that they would be killed
if they ever returned to Christianity.320
In a letter a Libyan Christian states she listens to
Christian radio programmes with earphones because she is afraid
of her family's reaction if they find out she is listening to
Christian programs (let alone if they find out she has
converted to Christianity!)
The attitude of the state towards Libyan converts to
Christianity is not known. Some sources expect that the go-
vernment will not interfere, whereas other sources expect that
the government will persecute a Libyan Christian.321 The follo-
wing may suggest that the government would persecute Libyan
converts to Christianity.
First, Qadhafi's view that Arabs and Africans should be
Muslims and his call on Arab and African Christians to convert
to Islam (see §3.1.2).
Second, the strong reaction of the Libyan government
against evangelism and missions aimed at proselytizing Libyans
(see question 3G and 4B).
Third, an interview with the imam of the World Islamic
318
Confidential reports
319
Interviews and confidential reports
320
Interview with a Roman Catholic friar in Malta.
321
Interviews with Roman Catholic, Coptic Orthodox and
Protestant sources.
91
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322
See footnote 1.
323
This does not mean I think the government would kill an
apostate. By late 1972 several criminal laws requiring penal-
ties as prescribed in the sharica - like amputation and the
death penalty for certain crimes - had been passed. However,
there is no evidence that such severe punishments have been
applied since Qadhafi came to power in 1969 (Harris (1986),
p.16).
324
His story is described by Aldeeb Abu-Sahlieh (1994),
p.111. He was found guilty of apostasy in 1992. Subsequently
the case was brought to the court of appeal which postponed the
case up to December 23 1996 (personal correspondence with judge
al-Mahdawi).
325
"campagne féroce"
326
J_bar al-Jaz_'ir_ (1992). In this publication the imam
gives 43 reasons why Al-Mahdawi should be considered an apo-
state from Islam.
327
There is no law against apostasy in Libya. The court
was requested to apply the "general norms of Islamic law"
92
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* 5I
Several sources informed me that foreign Christians are
not pressured to convert to Islam.330 No indications are known
to me that point to pressure on Christians to convert to Islam.
The general opinion is that Christians are tolerated and even
respected in Libya (see §3.1.2).
* 5J
There are no laws that distinguish between Muslim expa-
triates and Non-Muslim expatriates. The "Great Green Charter on
Human Rights in the Jamahiriya Era"331 states: "The members of
93
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* 6A
The church is not seriously weakened by persecution.
However, the prohibition of proselytism hinders the foundation
of indigenous Christianity in Libya.
§3.3 Analysis
All Christians in Libya are foreigners. Libyans are not
allowed to become Christian. This is a result of Qadhafi's idea
that an Arab should be Muslim. Also the constitution states
that Libya is an Islamic state.
The constitution also states that the state protects
religious freedom. However, this only applies to the expatriate
Christians. Their situation is fairly good, as long as they do
not proselytize among Muslims. There are very few churches, but
many Christians are allowed to have their services in chapels
in social institutions or in company compounds. Christians with
no official place of worship are allowed to have their services
in private houses.
Christians are free to do anything they want in the church
buildings. They are also allowed to elect and train their own
leaders. There is no forced Islamization in Libya.
There are a few cases of persecution that result from the
general human rights situation. There is no right to a fair
94
St Francis Magazine Nr. 3 (December 2005)
trial, not for Christians and not for anyone else. Either the
churches are closely monitored by the security police. The
mosques, however, are monitored the most closely (only
government appointed imams are allowed to preach in the
mosques). There is no freedom to engage in social work. Only
the friars and nurses that are invited by the government to
perform social work are allowed. However, Muslim organisations,
like the Muslim Brotherhood, are not allowed to perform social
work at all.
There is also some persecution that is aimed against
Christianity. Christians are not allowed to proselytize (people
from all the different denominations do want to engage in
proselytizing Muslims). Even Non-Muslim women who are married
to Libyans have to convert to Islam. There are also
difficulties with the import of Christian literature.
In general Christians are tolerated in Libya, by both the
government and the people. Except for the government there are
no groups in society that persecute Christians. The government
persecutes Christians in a few policies, some caused by the
general tight security situation in Libya, some specifically
aimed at Christians. The latter are caused by the equation of
Christianity with the West. No Libyans are allowed to become
"Western" Christians. The government also does not like the
import of Christian ("Western") literature.
95
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Chapter 4: Sudan
96
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97
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342
Harir and Tvedt (1994), p.19
343
This could account for the different numbers of
Christians and animists that are given. These range from
Animists 25% and Christians 5% (CIA (1996), p.3) to Christians
20% and Animists 10% (Open Doors (1996c), p.3). See also
§4.1.2.
344
Harir & Tvedt (1994), p.19-20.
98
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99
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354
The NIF originated from the Sudanese Muslim
Brotherhood.
100
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355
Warburg (1995), p.229. After the elections of 1986
Siwar ad-Dhahab became the secretary-general of the Dacwa
Islamiya (see question 5I) (Lavergne (1989), p.373).
356
PCI (1994), p.14.
357
See for instance AI (1995) chapter 4 ("The Destruction
of the South") and 5 ("Exploiting Ethnicity").
101
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102
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103
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104
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SPLA, the SSIM and the SPLA-United. These three groups are
supported mainly by Dinka, Nuer and Shilluk respectively
(interviews with several Sudanese, see also Van Kessel (1996),
p.2). These three groups are not just fighting the government,
but also each other.
374
Information has been derived from interviews with
several Roman Catholics (mostly lay-people). The Roman Catholic
Church can afford itself to be critical of the government since
it is by the far the largest church and has the best
connections with Western countries.
375
Interviews with Evangelical leaders.
376
Interviews with Episcopal church leaders and people of
105
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106
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107
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Western diplomats.
385
Interviews with church leaders.
386
Allan (1995), p.26
387
For an extensive review of these orders and decrees see
Nyot Kok (1995), p.680-704.
388
Ibid., p.703
108
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* 1B
According to the government391 the sources of legislation
are the sharica and custom - of both Muslims and Non-Muslims. It
claims the customs and traditions of Non-Muslims have become an
important tributary to national legislation. The government
also claims they apply two forms of legal pluralism:
c
federal pluralism - i.e. the shari a does not apply in the three
Southern states392 - and personal pluralism - i.e. in the other
states the sharica is only applied to Muslims.
In practise, however, all these claims turn out to be
false. The Non-Muslims' customs are recognized concerning
personal status matters only.393 All other areas of law are
Islamized and in addition also the educational and political
system.394 This led the Sudan Council of Churches to the
conclusion that "it is undoubted that Non-Muslims' customs are
not recognized."395
Although the sharica is not applied in the South offi-
cially, most sources agree that the Islamic law is applied
389
Ibid., p.704
390
USSD (1995c), 2c.
391
Atabani (1995), p.69
392
See for instance Allan (1995), p.927
393
Saw_s (1994) and an interview with Sudanese citizen.
394
SCC (1993a), p.1
395
Op. cit.
109
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* 1C
396
Quoted from Open Doors (1994), p.69-70. See also CIA
(1995), p.4 and interviews with several church leaders.
397
Nyot Kok (1995), p.681. Ibid., p.687-688 sums up all
the new states.
398
CIA (1995), p.4; Dr. Biro, quoted in Open Doors (1994),
p.69-70; SCC (1993a), p.1; AI (1995), p.44-46 and interviews
with church leaders and Western diplomats.
399
AI (1995), p.45-46 and interviews with Sudanese women
and church leaders.
400
AI (1995), p.44 and interviews with Western diplomats
and employees of international aid organisations.
401
Interview with a Catholic leader.
110
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* 1D
Up to October 4 1994 the legal situation of the churches
was governed by the "Missionaries Societies Act, 1962".
According to this law the churches are foreign organisations.
This law also restricts the functioning of the churches in
several ways. For instance, Christians need a permit to build a
church - these permits are not granted (see question 3B),
churches are not allowed to own property - like buildings, cars
etc. All these are obliged to be registered on the name of
local Sudanese Christians. Most property of the Roman Catholic
Church in Northern Sudan is therefore registered on the name of
mgr. Wako (the Archbishop of Khartoum).405
402
USSD (1995c), 1e; AI (1995), p.20; Abdelmoula (1996),
p.17 and interviews with Sudanese church leaders and a Sudanese
lawyer.
403
Interviews with Sudanese citizens and a Sudanese
lawyer.
404
An interview with a Sudanese lawyer.
405
Interviews with several church leaders.
111
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406
SCBC (1995), p.2-3
407
SCBC (1995), p.3 and an interview with a Sudanese
lawyer.
408
This "Societies Registration Act, 1957" was implemented
in the past to regulate the affairs of trade unions and other
non-governmental organisations (information has been derived
from an interview with a Sudanese lawyer).
409
This and the following information has been derived
from interviews with several church leaders.
112
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* 2A
Officially the government has a positive attitude towards
Christians. The government claims to treat Christians equal to
Muslims.410 The most influential leader in Sudan, Al-Turabi,
stated: "Muslims are bound to relate to non-Muslim minorities
positively...They must treat them with trust, beneficence, and
equity."411
In practice, the government has a very negative attitude
towards Christians. Both the press and imams in the mosques -
both under tight government control - speak very negatively
about Christians.412 Christians are accused of being foreign and
anti-Islam. Imams call on Muslims not to rent houses to
Christians. Christians are often referred to as "infidels".
The soldiers of the Popular Defense Force (PDF) are
indoctrinated to "hate Christians".413 A PDF recruitment slogan
is: "These infidels have unpurified the land of the Arabs and
the Quran. Only the blood of the martyrs can purify it."414 So
according to this slogan - which is used by the government -
Sudan is the country of the Arabs and of the Quran - i.e. of
410
For instance Atabani (1995), p.68-69.
411
Turabi (1993), p.250
412
See Open Doors (1996c), p.6; IISIC (1992) and Soudan
(1992a), p.64
413
The quote has been derived from an interview with a
family member of a Christian who was forced to join the PDF
(see also question 5I). The PDF is a militia that was founded
by the present government as a counterweight to the regular
army.
414
Africa Confidential, Vol. 37 No 8 (April 12, 1996), p.3.
113
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the Muslims.
A fatwa was issued at an Islamic conference in El Obeid in
1993. The government uses this fatwa to justify the war against
Non-Muslims and Muslims in Sudan. The fatwa says: "an insurgent
who was previously a Muslim is now an apostate; and a non-
Muslim is a non-believer standing as a bulwark against the
spread of Islam, and Islam has granted the freedom of killing
both of them".415
* 2B
The government has many places of gathering monitored by
state organisations. The United States State Department
concludes that "a wide network of government informants
conducted pervasive surveillance in schools, universities,
markets, workplaces, and neighbourhoods."416
Several church leaders have stated that their church
services are monitored by the security services. If a church
leader is too critical of the government, the government often
reacts by withholding travel permits.
* 2C
After the coup in 1989 massive purges were carried out by
the government in order to increase the number of their
supporters within the civil and military administration in the
North. People with Non-Muslim names are often refused
employment within the administration. When someone applies he
is often asked whether he is a Muslim. Therefore few Christians
work inside the civil administration.417
415
For the Arabic text see NMSA (1995), p.25-26. The
translation has been provided by the Sudan Desk of the United
Nations' Human Rights Centre.
416
USSD (1995c), 1f
417
SCC (1993a), p.4; IISIC (1992); USSD (1995c), 5; Open
114
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115
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* 3A
In Northern Sudan the situation of Christians has improved
since 1994.424 Prior to this year several churches have been
closed because the government claimed the Christians had no
permits for this buildings.425 There has been no forced closure
of church buildings in the cities in Northern Sudan since 1994.
In the areas in Khartoum where the displaced people live -
squatter areas in Khartoum and, increasingly, the displaced
camps around Khartoum426 - the situation of Christians is worse.
Christians had built so-called multiple-purpose-centres in
these areas. These centres were used for church services and
educational activities. Most of these centres have been
destroyed by the government in the squatter areas.427 In the
camps Christians are not allowed to built permanent buildings -
423
Interview with foreign observer.
424
Open Doors (1996b), p.20
425
Open Doors (1994), p.22; Open Doors (1996c), p.5; Amor
(1994), p.80 and interviews with several church leaders.
426
The displaced are people who fled either the war in the
South and the Nuba mountains or the drought in the West during
the 1980's. These people lived in squatter areas around
Khartoum. Some years ago the government started to relocate
these people to so-called displaced camps. The army entered the
squatter areas with bulldozers. They loaded the people in
trucks and destroyed all the houses with the bulldozers. The
people were relocated to the displaced camps, located in the
desert around Khartoum (see United Nations, Briefing Notes
about the Khartoum Displaced Population, Khartoum, 1995).
427
Abdelmoula (1996), p.16 (states that the past three
years more than 30 churches have been closed down in the
displaced areas); Africa Confidential, Vol. 34 No 3 (February 5,
1993), p.8 and several interviews with church leaders.
116
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* 3B
In 1962 the "Missionary Societies Act, 1962" was issued.
This law prescribed that a church needed a government permit to
build a new church. Since the early 1970's such a permit has
not been granted.432 Some church leaders stated that between
1970-1980 it was possible to bribe civil servants in order to
be condoned to build a new church. After 1980 this was not
428
Interviews with church leaders.
429
CSI (1995a), p.7 and CSI (1994), p. 3 both include
several testimonies of people who describe attacks on their
villages including the burning down of the churches. See also
African Rights (1995), p.5; USSD (1995c), 2c and several
interviews with church leaders - some of them Nuba's themselves
- and with Miss Nur Tawir Kafi.
430
SCC (1993b), p.6-7; CSI (1994), p.3; Soudan (1992b),
p.65 and CSI (1993), p.5 all give many examples. See also USSD
(1995c), 2c.
431
CSI (1993), p.5
432
USSD (1995c), 2c; MEC (1993), p.4 and interviews with
several church leaders.
117
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* 3C
Christians are free to choose their own leaders without
any government intervention.433
* 3D
Training Christian leaders inside Sudan is possible. Most
denominations have their own theological colleges. These are
located in the large cities. Several colleges exist in Khartoum
in the North and in Juba and Malakal in the South.434 Another
form of leadership training are special conferences that are
organised by several organisations.435
* 3E
A recent visitor to Sudan concluded that "in general
churches are free to have meeting [sic] within their buildings
and compound."436
In other buildings than the official buildings - like the
multiple-purpose-centres in the displaced areas - Christians
are sometimes forbidden to gather and perform their
437
activities.
433
Interviews with several church leaders.
434
I visited the Catholic seminary and one Protestant
Bible school in Khartoum myself. The other institutes are
mentioned in Open Doors (1996b), p.21.
435
Op. cit.
436
Open Doors (1996b), p.20. See also ibid., p.29 where
the same conclusion is drawn for the churches in Renk in
Southern Sudan. Two church leaders of one of the largest
denominations in Sudan told me that in the larger cities in the
South churches have the freedom to do any Christian activity
inside their buildings.
437
African Rights (1995), p.5 and CSI (1993), p.5.
118
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* 3F
Christians are free to import from abroad. However, they
are obliged to pay very high taxes, often more then Muslims.
The two main items of import are literature and food.
Bibles and other Christian literature is imported by the
Sudanese Bible Society. They had to pay large import taxes
however, while Qurans were imported tax free. When they finally
threatened to make this discrimination known to the world, the
authorities agreed to give permission to import Bibles tax free
also. For other literature - including parts of the Bible - the
high taxes still have to be paid.438
The Catholic Church, when confronted with the high taxes
and customs since 1989, decided to print the Bible in Sudan
itself (see question 4a). Other books are still being imported.
When these books arrive at the border the government takes a
sample and controls the content. If this sample is approved the
books can be collected otherwise the government destroys the
books.439
Food aid is given to the displaced and people in the South
and the Nuba Mountains. Three parties distribute food: Islamic
organisations (see also question 5I), international
organisations and the Sudanese churches. When the churches want
to import food to distribute they have to pay high taxes.440 In
the past the government sometimes confiscated food from the
foreign organisations and gave it to the Islamic aid
organisations.441
438
Information has been derived from interviews.
439
Information has been derived from interviews. For the
criteria the government uses see question 4A.
440
Information has been derived from interviews and Open
Doors (1996b), p.20.
441
This information has been derived from interviews with
119
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* 3G
There are many foreign Christians in Sudan, especially
many Catholic priests, friars and nuns. The present government
started to make life more difficult for them - especially
regarding the obtaining of visa's and workpermits.442 Every
foreign Christian has to renew his visa every three to six
months.443 Often the visa's are renewed in Khartoum. Usually
this takes a very long time and during this time the Christian
is not sure whether he will be expelled or not.
In the rest of Sudan this is more difficult. In a
communique they released during a visit to the Vatican the
Roman Catholic bishops of Sudan revealed the expulsion of all
expatriate church personal from South Kordofan - i.e the Nuba
Mountains. After this they concluded: "Gradually and
systematically the missionary personal has been expelled from
other regions of Sudan, like, for instance, from Juba and even
from El-Obeid and from Khartoum."444
Protestant missionaries are also obliged to renew their
visa regularly. During this process they are often interrogated
and threatened with expulsion.445 Two Protestant mission groups
have been expelled in 1990 - the Red Sea Mission and the
120
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Navigators.446
* 4A
The Bible is for sale in Sudan. The Sudanese Bible Society
has a shop in Khartoum where Bibles and other Christian
literature are sold. The Roman Catholic Church has its own
department for the printing and distribution of Christian
books: "Palica".
Everything Christians want to print has to be censored by
the Ministry of Religious Affairs. Bibles are always allowed.
Literature with the following subjects are always turned down
by the censors:447
- social issues (displaced persons, housing, ethnic ten-
sions, etc.)
- Christian social ethics
- Islam from an Christian viewpoint
- statistics of Christianity and Islam in Africa
- politics
* 4B
Christians are obliged to apply for a government permit
for outdoor activities.448 Outside Khartoum this permission is
usually refused. In Khartoum permission is sometimes granted.449
The government sometimes cancels a given permission shortly
before the event.
446
Open Doors (1996c), p.7.
447
Information has been derived from an interview with an
employee of Palica.
448
This and the following information has been derived
from interviews with several church leaders of the different
denominations, IISIC (1992) and Open Doors (1996b), p.20.
449
Sometimes only after threats of sending the written
refusal to co-religionists abroad.
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* 4C
The Sudan Catholic Bishops' Conference concluded: "The
Christian citizens in this country are terribly handicapped
because very little time is give [sic] for Christian Programs
on the national Radio and Television. Printed material in the
form of books, newspapers, magazines are severely censored, and
generally not permitted."450
The Christians had received 25 minutes TV-time each week -
Sunday afternoon from 1:00 pm till 1:25 pm. This time was often
filled with a church service or parts of a Christian movie.451
After Christians made the program a government committee
reviewed it - this committee consists of Muslims. This
committee cut from the program every part it does not like. The
program was then broadcasted without consultation with the
makers - so the makers did not know what parts had been cut
until they saw their program on TV. Sometimes the programs were
not broadcasted - without prior notice.452
The government had also granted the Christians 45 minutes
radio-time each week. The programs for the radio were rarely
censored.453 There are reports that sometimes the radio programs
were not broadcasted either - without prior notice.454
According to a very reliable source who visited Sudan in
October 1996 the Christian radio and TV broadcasts are banned
from the national TV and radio since August 1995. According to
450
SCBC (1995), p.17
451
Open Doors (1996c), p.6
452
Information has been derived from several interviews
with Christians who are engaged in making the programs.
453
Interview with a Christian who is engaged in making the
programs.
454
Soudan (1992b), p.63; Amor (1994), p.81
122
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* 4D
In Sudan by and large most schools are government schools
- the government has nationalized most schools.457 Christians
can be exempted from Islamic education in the government
schools in Khartoum. If the parents or a church pay the salary
for a Christian teacher, the children are allowed to follow
Christian education.458 The teacher, however, has to use a
textbook that is published by the government. The churches
disagree with its content.459 The school often schedules
Christian classes in such a way that it is difficult to attend
455
Open Doors (1996c), p.6; see also IISIC.
456
Interview with a Christian who is engaged in the
printing department of one of the largest churches in Sudan.
457
Abdelmoula 1996), p.15; MEC (1993), p.5; Soudan
(1992a), p.68 and interviews with several church leaders.
458
Information has been derived from interviews with
several church leaders.
459
SCBC (1995), p.12
123
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460
Information derived from an interview with a church
leader.
461
Information has been derived from interviews with
church leaders and an employee of the Sudan Desk of the United
Nations' Human Rights Centre.
462
Information derived from an interview with an employee
of the Sudan Desk of the United Nations' Human Rights Centre.
See also Amor (1994), p.81.
463
Africa Confidential, Vol. 34 No3 (February 5, 1993),
p.8; IISIC, Soudan (1992b), p.68 and interviews with several
church leaders.
464
Soudan (1992a), p.68; Open Doors (1996b), p.29 and
interviews with church leaders.
465
Amor (1994), p.81; Abdelmoula (1996), p.15; MEC (1993),
p.5; IISIC; Open Doors (1996c), p. 5; Zubair Wako (1991), p.2
and interviews with church leaders and Christian teachers.
124
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* 4E
Christians are allowed to engage in aid to the displaced
and other victims of the war and the drought. The Roman
Catholic Church and the Episcopal Church have their own relief
agencies - Sudanaid and SUDRA respectively. The Sudan Council
of Churches is also active.
The Sudan Catholic Bishops' Conference concluded, how-
ever, that their humanitarian activities "have often been
curtailed and restricted."466 Sometimes security officers refuse
the Christian agencies entry to the camps. The govern- ment
sometimes withhold its permission for certain activities. The
churches have to pay high taxes when they import food or other
aid (see also question 3F). Finally, areas exist - mainly in
the Nuba Mountains and in Southern Sudan - where the Christian
agencies are not allowed to come. In these places the Islamic
agencies with close ties to the government - Dacwa Islamiya,
IARA,467 Mowafuq and the Sudanese Red Crescent - are often the
only ones that are allowed to enter (see also question 5I).468
* 4F
Children are officially not forced to attend Islamic
education. There are ways, however, by which the government
forces or try to persuade parents to send their children to
Islamic education.
Many parents can not afford their children to attend the
Christian kindergartens. They have therefore the choice between
466
SCBC (1995), p.13. The following elaboration has been
derived from interviews with church leaders and Soudan (1992b),
p.65.
467
Islamic African Relief Agency
468
SCC (1993a), p.2 and interviews with employees of
international aid agencies.
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* 5A
Numerous sources report the "systematical"473 harassment of
Christians. These harassments include: torture, killing,
469
Information has been derived from interviews with
church leaders and an employee of UNICEF - the United Nations'
Childrens Fund.
470
Biro (1995c), p.13 and interviews with western
diplomats.
471
African Rights (1995), p.3 and interviews with church
leaders from the war zones.
472
Biro (1995c), p.12
473
Africa Confidential, Vol. 34 No 3 (5 February 1993), p.1
and Amor (1994), p.80.
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* 5B
Being a Christian is not prohibited by the law. Conversion
to Christianity, however, is a crime (see question 5G).
Although the sharica is only applied to Muslims offici-ally, it
is applied on Christians in practice (see question 1B).488
Another form of legal harassment is the denial of permits for
the construction of churches and Christian schools (see
question 3B).
* 5C
Mgr. Wako concluded that Christians "feel discriminated
against at school."489 Christian pupils who do not take classes
in Islam will often be discriminated against. There are many
reports that they are failed in their exams.490
* 5D
Christians inside the government are often discriminated
against (see question 2C). Foreign aid agencies are obliged to
apply for a work permit for their Sudanese personnel. If these
agencies want to employ a Christian this permit is often
refused.491 Furthermore, Non-Muslim businessmen complained of
petty harassment - through administrative policies - and
488
See for both the apostasy law and the application of
the sharica AI (1994).
489
CIPF (1994), p.2. See also Amor (1994), p.80.
490
IISIC and interviews with Christians.
491
Information has been derived from interviews with a
church leader and a Sudanese employee of a foreign aid agency.
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* 5E
In Sudan the sharica is applied (see question 1B). In
marital matters this means that a Christian woman is allowed to
marry a Muslim man.494 A marriage between a Christian man and a
Muslim woman, however, is forbidden.495 If a Muslim man converts
to Christianity his marriage will be dissolved and his wife
will be taken away from him.496
I heard of one case of a Christian man in a city in
Northern Sudan who was married to a Muslim woman - they married
before the adoption of the sharica. When the authorities
discovered he was a Christian they first accused him of
492
USSD (1995c), 5
493
Mgr. Wako, in: CIPF (1994), p.2; Abdelmoula (1996),
p.16; IISIC (1992); Open Doors (1996c), p.4 and interviews with
several church leaders.
494
Personal Law for Muslims Act, 1991, art. 19(e) rules
that a Muslim man is allowed to marry a woman who is either a
Muslim, a Christian or a Jew (see Abdelmoula (1996), p.23).
495
According to the sharica a Muslim woman is allowed to
marry only a Muslim man (see Aldeeb Abu-Sahlieh (1994), p.130-
131 and p.133).
496
Information has been derived from interviews with
several church leaders.
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* 5F
The Sudan Council of Churches concluded in a memorandum to
the United Nations that "Christian religious officials have
been continuously ...restricted in movement".498
Sudanese Christians are often allowed to travel freely in
the North. If they want to travel to war zones they have to
apply for a travel permit which is often refused.499
Indigenous Christians in the war zones have to apply for a
travel permit if they want to travel to the North or to the
surrounding villages. Often these permits are refused.500 As a
result many villages without their own pastor are deprived of
pastoral care for long periods.
Indigenous Christians who want to travel abroad have to
apply for a exit visa. This visa is often denied or, if the
purpose of the travel is to attend a meeting, the visa is
granted when it is too late to attend the meeting.501
Foreign church personal have to apply for a permit to
travel outside of Khartoum. This is not a problem in the North.
If they want to travel to the war zone, however, the permit is
497
Information has been derived from an interview with a
leader of one of the largest churches in Sudan.
498
SCC (1993a), p. 2
499
Information has been derived from interviews with
several church leaders; SCC (1993a), p.2-3; Open Doors (1994),
p.23 and Open Doors (1996b), p.20.
500
Open Doors (1996b), p.28 and several interviews.
501
Gassis (1995), p.3; Open Doors (1994), p.25 and several
interviews with church leaders.
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often denied.502
* 5G
Article 126 (2) of the 1991 Penal Code states:
"Any person who has committed the offense of apostasy shall be
given a respite, the duration of which to be decided by the
court. If that person, though not newly converted to Islam,
insists on apostasy after the expiration of the duration of the
respite, he shall be punished by death."503
In practice, Muslims who convert to Christianity are often
only arrested if someone files a complaint against them. Often
they are sentenced to death. There are, however, no reports of
the execution of this sentence. The converts are usually sent
to prison.
* 5H
If someone converts from Islam504 to Christianity he may be
persecuted by both his family and by the state. The family will
sometimes ostracise the convert. It can also kill the convert
without being punished by the government. The convert will be
arrested if the family press charges against him. I know of
several occasions in Sudan where the family did not press
charges against a convert.505
502
See, for instance, Gassis (1995), p.3 where mgr. Gassis
reports that in 1994 no foreign Christians were allowed to
return to their places in the South and the Nuba Mountains.
The information has also been derived from several interviews
with both indigenous and foreign church officials.
503
Abdelmoula (1996), p.19. See also Aldeeb Abu-Sahlieh
(1994), p.108-109 for the French translation of this article.
504
The government does not interfere with conversions of
animists to Christianity.
505
Information has been derived from interviews with
church leaders.
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* 5I
Christians in Sudan are pressured in many ways to change
their religion. The government uses the following means to try
to convert people to Islam.
Prisoners are often told they will be released if they
convert to Islam. If they refuse they are sometimes tortured.509
506
Information has been derived from several interviews
with church leaders.
507
Information has been derived from interviews with
several church leaders.
508
Information has been derived from talks with an Open
Doors observer who visited Sudan in October and November 1996.
509
Biro (1995c), p.17; Abdelmoula (1996), p.16; Open Doors
(1996c), p.5; PCI (1994), p.19 and interviews with several
Christians.
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Many boys and men are forced to join the PDF. In the North
every man under the 45 year's old has to follow three months of
training in PDF camps. During these training Christians are
forbidden to pray or conducted church services. They are also
indoctrinated in Islam and the perception of the war as a holy
war (jihad) against the infidels.511
In Sudan four Islamic aid agencies exist with close ties
to the government - Dacwa Islamiya, IARA, Mowafuq and the
Sudanese Red Crescent. These organisation require Non-Muslims
to convert to Islam before they provide relief - food, medical
care or clothes. In some parts of Sudan no other organisations
are allowed to work (see question 4E). In these areas people
have the choice between converting to Islam and receiving aid,
or being deprived of aid.512
510
Puebla Institute (1995); Biro (1995b), p.8-10; Biro
(1995c), p.5, 13-15; PCI (1994), p.19 & 47; CSI (1995c), p.9-
10; HRW (1995), p.3; NOB (1994) and interviews with church
leaders.
511
Amor (1994), p.80; Africa Confidential, Vol. 34 No21 (2
October 1993), p.3; Abdelmoula (1996), p.16; USSD (1995c), 2c;
PCI (1994), p.21 and interviews with church leaders.
512
African Confidential, Vol. 34 No3 (5 February 1993),
p.8; Africa Confidential, Vol. 34 No21 (2 October 1993), p.1;
USSD (1995c), 2c; Open Doors (1996b), p.20, 29; Open Doors
(1996c), p.4; PCI (1994), p.19 & 45 and several interviews with
church leaders.
135
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* 5J
Officially, Christians are legally equal to Muslims.513 In
practice, however, Christians are discriminated against in
numerous ways (see all questions of this questionnaire).
* 6A
Christianity is heavily persecuted in Sudan. Many
Christians have died - either as a direct result of the war or
because of the persecution. There are also positive effects of
the persecution: the church has grown enormously (see §4.1.2),
many Christians have become more aware of their faith and -
especially in the war zones - Christian unity has been
strengthened.
§4.3 Analysis
Christians are heavily persecuted by the government of
Sudan. The legislation is negative for Christians; the state
has a negative attitude towards Christians. Christians are
harassed physically and through the denial of permits - for
Christian activities, the construction of buildings and
literature. Many Christian institutions have been closed or
destroyed. Conversion of a Muslim to Christianity is prohi-
513
Atabani (1995) speaks about "the treatment of Non-
Muslims...on perfectly equal footing with Muslims." (p.68) The
same minister stated that according the constitutional decrees
in Sudan "neither religion, colour or ethnicity may be used as
a basis of discrimination" (CIPF (1994), p.3).
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514
See for instance Allan (1995), p.907. Notwithstanding
the government's claim to be an Islamic government, their
support is less than 10% of the population and the opposition
is dominated by Muslims. Most Muslims regard the government's
policies - massive extra-judicial killings, torture, forced
Islamization and massive rape - as contrary to the principles
of Islam.
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Conclusions
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Appendix A
515
The difference between a declaration and a covenant is
that a declaration is voted on by the General Assembly only,
whereas a covenant needs to be signed and ratified by
individual states after its adoption by the General Assembly. A
declaration has no legally binding character. It only sets a
standard and has some morally binding character, but there are
no sanctions for failing to comply with the standards. A
covenant has a binding character for the states which ratified
it. The Human Rights Committee controls the appliance of the
covenant and has the power to impose sanctions if a state fails
to comply.
516
Sudan, Libya and Syria all ratified this covenant.
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Appendix B
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second half of the 6th century the church in Persia did adopted
the views of Nestorius.
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Cyril.
The council issued the famous "two natures in one person"
statement: "one and the same Christ[...] made known in two
natures without confusion[...] without division, without
separation[...] but the property of each nature being preser-
ved".527
Many Christians, however, sticked to the view of Cyril.
They formed528 their own churches. The "Non-Chalcedonian" Chris-
tians in Egypt formed the Coptic Orthodox Church, those in
Armenia the Armenian Apostolic Church529 and those in Syria the
Syrian Orthodox Church.530
The Coptic Orthodox Church531 is the largest Christian
community in the Middle East. It numbers approximately
6,000,000 people divided over 47 dioceses in Egypt, Africa,
Middle East, Europe en North America.
The Armenian Apostolic Church is divided in two centres
(because of historical circumstances, not because of liturgical
or doctrinal differences): the Catholicosate of Etchmiadzin
(Armenia) and the Catholicosate of Cilicia. The Catholicosate
527
Erickson (1987), p.730
528
The formation of these churches was a process of
approximately 150 years.
529
Sometimes also called the Armenian Orthodox Church
(Horner (1989), p.25)
530
Some Oriental Orthodox Churches and Chalcedonian Chur-
ches have recently settled their theological disputes: 12
February 1988 a Joint Commission of the Catholic Churches and
the Coptic Orthodox Church signed a statement in which they
agreed on a formulation of the relations between the divine and
the human nature of Christ (see MECC Newsreport (September
1988), p.4). A delegation of the World Assembly of Reformed
Churches and the Non-Chalcedonian Churches signed a similar
statement on 15 September 1994 (see Trouw (16 September 1994),
p.10).
531
This information is based on MECC (1990a), p. 77
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532
MECC (1986a), p.10
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536
See MECC (1990a), p.81
537
See MECC (1990a), p. 82
538
The Patriarchate of Jerusalem consists only of the
Latin-rite Catholics in Israel, the Occupied Territories and
Jordan. In the other countries there are Latin-rite bishops who
are directly appointed by the pope.
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539
Horner (1989), p.36-37
540
There is no doubt about their communion with Rome from
the latter part of the twelfth century onwards, but the ac-
counts of earlier centuries are obscure.
541
The number of the Chaldeans in Iraq is quoted from
Horner (1989), p.106, their number in the USA is quoted from
ibid., p.41, their numbers in the Middle East are quoted from
MECC (1990a), p.85.
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547
Most protestant churches in the Middle East call them-
selves Evangelical Churches. So an Evangelical Church in the
Middle East can be a traditional protestant church or an evan-
gelical church - in the western sense of the word. The Epis-
copal Church is called Anglican Church in Europe.
548
See MECC (1990a), p.89
549
The following numbers have been quoted from Horner
(1989), p.100-101
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Appendix C
INTERVIEWS
1. Egypt
During the above-mentioned period I stayed in Egypt for 61
days (5 days in Alexandria and 56 days in Cairo). Concerning
Sudan, I had several meetings with Mr. C. Hulsman (Middle East
correspondent of Dutch radio and several Dutch newspapers), and
Mrs. Nur Tawir Kafi (chairperson of the Nuba Mountains
Organisation aBroad (NOB), a Sudanese Non-Governmental
Organisation. I also met with dr. Tigani and dr. Hamadi (of the
Sudanese Human Rights Organisation), one Sudanese leader of a
protestant church in Sudan and one Egyptian Christian who
regularly visits Sudan.
Concerning Libya I met three foreign (i.e. Non-Egyptian)
Christians who do research on the situation of Christianity in
Libya (they have good contacts with the Arab, Asian, Western
550
The New Sudan Council of Churches in the Council of
Churches in the territories that are under control of the
resistance movements in Southern Sudan.
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2. Sudan
I spent one month in Sudan. During this time I visited two
camps of the Popular Defence Forces (PDF)551 (one in Atbara and
one in Dongola) and two "displaced camps"552 around Khartoum,
where I spoke with several people. The rest of my time in Sudan
I stayed in Greater Khartoum. I met with twenty Christians
(both clergymen and laymen of the Roman Catholic, the Episcopal
and Protestant churches). I also met with several people of
Dacwa Islamiya553, seven people of the United Nations, one person
of an international non-governmental organisation554 and four
Western and one Arab diplomate.
3. Libya
I spent only four days in Libya, during which I attended a
press conference of col. Qadhafi in Sirte. During this period I
551
The PDF is a government militia that consists of people
who have received military and ideological training. Officially
all members of the PDF are volunteers, but actually forced
conscriptions occur regularly (see also chapter 4).
552
Many refugees fled from the war in the South and the
drought in the West and went to Khartoum where they lived in
shantytowns. After a while the government started to destroy
these shantytowns and deported these refugees to camps in the
desert around Khartoum. These camps are called `displaced
camps' (see also chapter 4).
553
An Islamic non-governmental organisation with close
ties with the government.
554
At the request of this person I cannot state the name
of this organisation.
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4. Syria
I spent 42 days in Syria. I visited Damascus, Homs, Hama,
Muhardeh and Aleppo. During this time I met 20 Syrian Christi-
ans (both clergymen and laymen of all the different denomina-
tions, except the Maronites, Assyrians, the Chaldeans and the
Armenian Orthodox and Catholics) and 8 foreign Christians
(Protestants, Catholics, Eastern Orthodox and Syrian Orthodox).
I also met with two Western diplomats, one journalist and a
foreign woman who was doing research on Christianity in Syria.
5. Malta
I spent 22 days in Malta. Here I met two Roman Catholics
and two Protestants who regularly visit Libya and the churches
in Libya, a representative of the Maltese Bible Society555, a
leader of the World Islamic Call Society (WICS)556 and a leader
of one of the largest churches in Libya.
6. Cyprus
I spent 6 days in Cyprus (Limassol) where I visited the
bookstore, the documentation department and the secretariat of
Human Rights, Justice and Peace of the Middle East Council of
Churches.
7. Switzerland
I spent 10 days in Switzerland. I visited the office of
555
Since there is no Libyan Bible Society the Maltese
Bible Society is also responsible for Libya.
556
The WICS is an Islamic organisation founded by Libya to
propagate the ideas of Qadhafi.
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557
International Christian organisation that is concerned
with human rights issues and development aid. They are very
active in Sudan.
558
At the request of mr. Settle I cannot state the name of
this country.
559
An international Christian Organisation concerned with
the human rights situation of Christians in the Middle East.
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BIBLIOGRAPHY
GLOSSARY:
AI = Amnesty International
CIA = Central Intelligence Agency
CIPF = Council for International People's Friendship
CSI = Christian Solidarity International
HRW = Human Rights Watch
IISIC = International Institute for the Study of Islam and
Christianity
MEC = Middle East Concern
MECC = Middle East Council of Churches
MEW = Middle East Watch
NMSA = Nuba Mountains Solidarity Abroad
NOB = Nuba Mountains Organisation aBroad
PCI = Pax Christi International
SCBC = Sudan Catholic Bishops' Conference
SCC = Sudan Council of Churches
UNHCR = United Nations High Commission for Refugees
USSD = United States State Department
WICS = World Islamic Call Society
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* Qadhafi, M., The Green Book Part Three: The Social Basis
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