Iraq: Follow-up to IRQ35456.E on Mandeans; whether they can practice their religion in public (e.g., Baptism in flowing rivers) or whether they are forced to use indoor water sources; problems at hands of the authorities or the public; protection available

On 6 February 2001, the Secretary of The Mandaean Society of America provided the following responses to questions posed by the Research Directorate:

1. Can the Mandaeans in Iraq practise their religion in public?

Yes, they can but they have recently encountered some adversities. The Mandaeans have always considered naturally running water to be sacred and holy. For this reason, baptisms must be performed in these conditions. They are still allowed to baptize in public, but are being increasingly limited to certain areas. In the past decades, Mandaeans have reluctantly moved their baptisms to indoor pools due to harassment from the public. Last year they were asked to move their only place of worships the "Mendi," to another location, for no clear reason.

2. Do they have problems at the hands of authorities or the public?

Yes, they do. Although Iraq is considered a secular state, most of the laws are Islamic laws or inspired by the Qu'ran (the Islamic Holy Book). The government is mainly Sunni Muslim and the ruling family is from one clan. The majority of the public is Muslim, about 55-60% of whom are of the Shiaat faith. Although the Mandaeans (called "Sabians" by Muslims) were considered "People of the Book," the Mandaeans are the Sabians as written by Mohammed in the Koran.

"Those who believe, and the Jews, and the Christians, and the Sabeans, whoever believes in God and the Last Day and does good, they shall have their reward from their Lord and there is no fear for them, nor shall they grieve."i)

"Those who believe and the Jews and the Sabaeans [Sabians] and this Christians – whoever believes in God and the last day and does good they shal1 have no fear, nor shall they grieve "ii)

"Those who believe and those who are the Jews and the Sabeans and the Christians and the Magians [Zoroastrians] and those who set up gods (with God) – God will decide between them on the day of resurrection for God is a Witness over all things."iii)

The Mandaeans are supposed to be dealt with as a "people of the book", this protection is not always honored. Certain powers have begun to deny them this status since the Islamic revolution in lran of 1979. The interpretation of the above mentioned verses was never clear or consistent by all Muslim faiths. For example, Alkuee (a Shiatt's Islamic leader) in 1979 recognized the Mandaeans as People of the Book, however Khumaini (another Shiaat's leader in Iran) did not. "The Mandaeans are not an officially recognized minority religion in Iran. The Qu'ran exempts them, as a "people of the book", from forced conversion to Islam. After the revolution in 1980, however, the government stopped supporting this protection."iv

The effect of the Iran revolution on the Middle East in general, and Iraq in particular, is undeniable. The overwhelming increase in Islamic fundamentalism had a major effect on the basis of the Iraqi society. Many previously accepted ways of life were changed, including the symbiosis among different Iraqi religious groups. Several radical Islamic groups, as well as the general public in Iraq, have taken a more antagonistic approach towards the mandaean.v

Second factor that affected the Iraqi society over the last several decades is the brutal dictatorship The main concern of the dictatorship is survival whatever the costs are. Religious minorities who represent no threat are disregarded or used. Some of the religious leaders including Mandaeans, are used by either force or intimidation to serve the regime's propose. They become informants against their own people and tools for the government's propaganda. Those Mandaeans who show any sign of refusal of this way of life end up, like most of Iraqi people, brutally punished. The absence of free thinking deny the Mandaeans and other sects any form of free expression of their beliefs.

A third factor that is affecting Iraq now is the imposition of sanctions. This led to the destruction of the Iraq's economic and moral infrastructure. The misery caused a surge of new ideas, including the belief among the people that God was punishing them for the presence of atheists among them. Mandaeans are being pressed against their will to convert to Islam, either by taking advantage of their poverty, or by threatening their lives. This campaign, led by Muslim clergymen, has succeeded since 1996 in the conversion into Islam of several families in the cities of Falouja, Rumadi and Emmara.vi In addition, corruption and crime have risen to an astonishing degree, targeting the weaker parts of the society who have no protection from major tribes or high-ranking party members and army officials. The minorities, especially the Mandaeans, are the easiest prey. The Mandaeans refuse to carry weapons, believing that both the killer and the killed will suffer in the afterlife. Their main form of self-defence is pacifism, escape, and avoidance of conflict. Throughout their history, Mandaeans have tried to remain in area near running water and elude friction with their neighborsvii as much as possible. They can only protect themselves by paying off those who are threatening them.

Unfortunately, due to the continuing sanctions and economic hardship, the Mandaeans have been unable to make these payments.

Some other pressures that we feel are leading Mandaeans to mass emigration to safe refuge away from their homelands in Iraq and Iran include:

– Mandaean men are forced to carry weapons or serve in the military, both major sins in the religion.

– Interference of the authorities in religious matters and decisions, leading Mandaean priests to leave Iraq in the past few years, including Reshat-amma (highest priest rank) Abdullah Najim, who took political refugee in the U. K. last year.ix

Government issued textbooks (e.g. eighth grade religion textbook, page 146) and Muslim sermons as the Worshippers of the Stars, denying them the privilege they enjoyed as the "People of the Book", tolerated by the Muslims. This has put them in great danger, as mentioned above.

– Decision number 2971 of June 4, 1984 by the Iraqi Supreme Court states: "it is allowed to marry another female Mandaean without the consent of her legal guardians. She has the right to change her religion to that of her Muslim husband." This does not apply to any other religious minority. This left many young women as an easy target for Muslims, which also threatens our community safety and survival in the future.

3. What is the protection available to Mandaeans facing problems because they practise their religion?

Although the Iraqi government officially recognizes the Mandaeans as a minority, they are neither treated equally nor protected. The protection they receive depends on the loyalty they show to the government, which may mean sacrificing their religious beliefs, for instance, drafting Mandaean men in the army and Mandaean women and youths in armed militias. The Mandaeans are seeking safe refuge all over the world. Leaving their homeland is the only choice for those who refuse to give up their beliefs and religion.

4. According to a report by Radio Free Europe in May 2000, The Mandaean Society of America issued an urgent appeal "to prevent the deportation of the 158 Mandaean refugees from lndonesia to Iraq." Can you give us an update on the fate of these people?

The UNHCR has granted refugee status to all of them. They are being interviewed for resettlement, which will hopefully take place soon.

i) Qu'ran 2:26

ii) Qu'ran 5:69

iii) Qu'ran 22:17

iv) Buckley, Jorunn Jacobsen, "The Mandaeans: An Unknown Religious Minority in the Near East" (Institute of Near East and African Studies)

v) "Information on the Mandaeans in Iran in Regards to Human Rights" ASUTA, the journal for the Study and Research into the Mandaean Culture, Religion and Language. First edition 2000 (English)

vi) "The Mandaean" Journal at The Mandaean Association of the United Kingdom, August 2000, Thirteenth edition, p28, opinions and replies (Arabic)

vii) "Information on the Mandaeans in Iran in Regards to Human Rights" ASUTA, the journal for the Study and Research into the Mandaean Culture, Religion and Lanquage. First edition 2000 (English)

viii) See the above document

ix) Personal Contacts

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Reference

The Mandaean Society of America, Morristown, NJ. 6 February 2001. Correspondance from Secretary.