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The Egyptian Organization for Human Rights Annual report 1999-2000 |
eohr@eohr.org info@eohr.org
eohr@link.com.eg
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Introduction
Section One Section Two : Section Three Section Four |
The Human Rights Situation in Egypt Violations of Human Rights 2000-2001 Eighth: Exercising political rights Parliamentary elections for 2000-2005 were held during the Year 2000. This is the first time in the history of Egypt that elections are held under judicial supervision; such a reform has been the result of a ruling made by the Supreme Constitution Court on 8 July 2000, declaring the unconstitutionality of Sections 3 & 4 of Article 2 of Law 38/1972. It was also the result of Presidential Decree No. 167 of 2000 amending provisions of Law 73/1956 regarding the exercising of political rights, Law 38/1972 of the Peoples' Assembly, and Law 120/1980 of the Shura Council. The number of candidates has reached 4,259, making an increase of 369 more candidates than the 3,890 figure of the 1995 elections. The number of seats won by the delegates of the different parties represented in the elections was as follows - 444 for the ruling National Democratic Party, 272 for Wafd Party, 256 for the remaining parties, in addition to 3,387 independent candidates - compared to the 1,350 independents elected in the 1995 elections. The field work unit of the EOHR monitored the electoral system in 75 constituencies out of a total of 222 constituencies all over Egypt. A number of members of EOHR volunteers in governorates monitor the violations and practices that may influence the fairness of the elections The first stage of these elections started on 18 October 2000, in the Governorates of Suez , Ismailia , Port Said , Alexandria , Behiera , Qena , Dumiat , Sohag, and Munufiya - the number of candidates totaled 1262. In the second stage, 240 candidates were competing in 67 constituencies . Candidates were as follows: 134 of the National Democratic Party, 53 of Al-Wafd and 24 of Al Tagamuu'. In the third stage, 1,368 candidates were competing for 134 seats in 67 constituencies. Candidates were as follows: 160 of National Democratic Party, 102 of El Wafd and of El Tagamuu', 23 of the Islamists, 13 of the Nasserist Party and 1,010 independent candidates. The result was that the National Democratic Party won 228 seats, Al Wafd 3 seats . Nasserist 13 seats , El Tagamu'a 5 seats , El Ahrar 1 seat, the independents 183 seats and the Islamists 17 seats The EOHR monitoring of the election resulted in several notes : 1. Using local authorities in supporting government candidates. The EOHR team monitored that governors and local authorities supported the government's candidates. This was clear in making reports against opposition candidates because of hanging posters. They reserved the vital locations and squares for the pro-government candidates to hang up their posters. The governors also helped the government's candidates by enabling them to offer their services to their constituencies . 2. Inconvenient legislative climate and the emergency law:The Use of Emergency Law No. 162/1958 was a direct threat to the fairness of the electoral process for the following reasons: 1. It restricted the freedom to assembly, movement, residence; and allowed arresting those believed to be suspects or dangerous to the public security and order. It further permited searching places and individuals without abiding by the provisions of the criminal procedure law. 2. It permited censorship on letters of any kind , newspapers, newsletters, drawings, and etc. The emergency law disregards the constitutional rights stipulated in Article 62 of the Constitution which says that " Citizens shall have the right to vote, nominate and express their opinions in referendums according to the provisions of the law. The participation in public life is a national duty. " The emergency law also forfeits judicial supervision on all electoral process must have sufficient guarantees to secure the freedom of candidates. Candidates must be free in performing their electoral campaigns such as holding peaceful assemblies, and distributing their printing material without being subjected to arrest by a law that permits the executive to arrest them or their supporters. 3. Restrictions on political parties:In addition to the restrictions imposing by emergency law, the law of political parities imposed major restrictions on opposition parties' members during the election. It is obvious in the case of Al-Amal Party when the Political Parties Committee, with its governmental formation, frozed its activities , and suspended its paper and other publications. The party was also prevented to represent its members in running in this election.4. Poor participation by womenAlthough of the efforts done to urge women to run as candidates in the elections, the results were disappointing. The abstention of women to participate in the elections has historical , cultural and social reasons. Moreover, the restrictions imposed by the state on civil society organizations working in the field of human rights and women have consumed the energy of these organizations and prevented them to work at grassroots level that could promote women's political participation.5. The prominent role of the judiciary in asserting voters free will:The judiciary managed to put an end to the occurrence of ballot rigging and the falsified tallying of votes favoring certain government candidates. This process render the whole elections meaningless.The EOHR noticed that the presence of judges inside polling stations has greatly put an end to the manipulation used to take place with electoral boxes. Judges prevented rigging attempts during the voting process. In polling stations number 17 and 24 at Edco and Beheira constituency, heads of stations prevented citizens 'Adel Hasam Mesiad, and Saied Ghanim to cast their votes more than one time 6. The police went beyond their role in securing the electoral process:The EOHR team reported the intervention by security forces in the electoral process. The results of the election reflected the absence of a political discourse and political performance by political parties. The failure of all parties to win proper number of seats and the winning by the independents of the majority of seats affirmed that people give their votes for their confidence in the candidates as an individual and not for the party program. All parties seemed to suffer from the bitter experience of last parliamentary elections of 1995.They seemed not to participate in these elections, until the Constitutional court made its ruling of the unconstitutional of this law.The issuance of the presidential decree to amend the law of exercising political rights which guarantee judicial supervision on the electoral process .However, the sort period (3 months) between the issuance of this law and the parliamentary elections was not enough time to the parties including the ruling party to have the confidentiality of people. The EOHR observed that the security campaigns continued against candidates and their supporters so that about 140 citizens were arrested in the second round. This is in addition to the arrest of about 400 in the first round. EOHR also monitored that the police was excessively violent in dealing with protests and gatherings outside polling stations. In some of the cases the security forces blockaded the entrances of some villages to prevent supporters of candidate to cast their votes. 7. Media characters was a target to police assaults while they were covering the electoral processThe EOHR has received a number of complaints from individuals in the media field (Journalists - Photographers - News Agencies/Reuters) of having been subjected to harassment by the police while they were covering the electoral process. The EOHR sent a complaint to the Attorney General and the Minister of the Interior to investigate this incident.While as the Minister of the Interior gave the policemen clear and direct orders to limit their role to securing the electoral process only outside the polling stations, nevertheless, they assaulted the media representatives who were covering the incidents occurring during the electoral process. The EOHR believes that those officers have violated the right to receive and exchange information. Violating this right wouldl have a negative impact on this step of the democratic process of holding elections under judicial supervision. 8. The increase of violence by supporters of candidatesOn the other hand, the EOHR monitored acts of violence by supporters of various candidates. This violence was a result of the fanatic feelings by some supporters. The EOHR members monitored the occurrence of 20 violent incidents at the constituencies of Bandar and Markaz Dumyiat, Tala, Toukh, Senhwa, Faiyum, Bandar, Mahala, Al Arba'een, Bandar Al-Minya, Mallawi, Al-'Arab and El-Dawahy, and Ashmoun and Deshna. They were competing for electoral campaigns.9. Violence in the second stage targeted governmental buildings and some candidates fueled violent actions:Despite security forces helped greatly in securing the electoral process during the voting stage, the EOHR team noticed that violent acts took place in November, 1995 elections. But, it was also observed that some of these acts targeted mainly governmental buildings and public utilities , and were carried out by supporters of independent and opposition candidates against those of the National Democratic Party. This reflects that the National Democratic Party was associated with the government and dealt with them as one thing. This idea developed from the electoral campaigns when candidates of the National Democratic Party appeared very close to the authorities and the decision-making process, and because they enjoyed the support of the ministers. This aroused anger against the candidates of the National Democratic Party, and caused aggression on the state's services and buildings which should be for all citizens from all sects and political affiliations.10. Supporters of independent and opposition candidates were collectively prevented from reaching polling stations.The EOHR observed that the policemen had blocked supporters of the opposition and independent candidates from reaching the polling stations and casting their votes. This arbitrary practice by security personnel raised a number of questions. Furthermore, security blockades were not limited to a few number of polling stations, but were extended to block whole roads leading to polling stations, and sometimes up to from 2 to 3 kilometers from the stations. This prevention by security forces made it clear to all parties that security men were hampering people's right to express their will and elect their representatives; a right that is stipulated in article 62 of the Constitution which states that: "Citizens shall have the right to vote, nominate, and express their opinions in referendums according to the provisions of the law. Their participation in public life is a national duty." As clarified in a ruling made by the Supreme Constitutional Court in Case No. 131 of the 6th judicial year on 16 May 1987, this constitutional article means that the political rights it includes are public rights guaranteed by the constitution in order to secure citizens' contribution to the selection of their leaders and representatives in running the state, and realizing peoples' interests. The constitution even made it a national duty to practice these rights.The EOHR believes that, according to the above mentioned article of the constitution, the state must remove all obstacles that hamper the electoral process in all its stages. In addition to the obstacles imposed by emergency law on the freedom of assembly, movement, and campaigning for the elections. 11. Disregard of court rulings on electoral challengesThe 1995 elections witnessed 95 challenges, these challenges were made for reasons such as the nationality of candidates, handing over electoral lists, inequality in opportunities in case of the arrest of candidates' representatives, and other reasons. By filing such challenges, candidates were trying to extend the judicial protection to the pre voting stage. They based their claims on the provisions of the administrative judiciary -the State Council-which is the only authority in Egypt entitled to take up challenges made against administrative decisions as stipulated in Article 172 of the Constitution which states that: "The State Council shall be an independent judiciary organization which has the competence of decisions in administrative disputes…….". In addition, article 51 of the state council law no. 47 of 1972 states that challenging a ruling before the administrative court does not mean a suspension of the implementation of the ruling.Furthermore, article 68 of the Constitution states that the right to litigation is inalienable for all and that every citizen has the right to be referred to his competent judge. However, the Ministry of the Interior disregarded the above mentioned provisions, as well as the administrative judiciary rulings. 12. Weak performance of political parties:The results of the election reflected the absence of a political discourse and political performance by political parties. The failure of all parties to win proper number of seats and the winning by the independents of the majority of seats asserted that people give their votes for their confidence in the candidates as an individual and not for the party program. All parties seemed to suffer from the bitter experience of last parliamentary elections of 1995.They seemed not to participate in these elections , until the Constitutional court made its ruling of the unconstitutional of this law.Administrative intervention:The administrative intervened greatly in favor of candidates of the National Democratic Party (NDP). This was manifested in giving the symbols of the crescent and the camel, as well as the first and second numbers to candidates of the NDP at the country level, although some candidates from other parties went earlier to present their applications. Thus, there was no equal chance for all candidates.The administrative intervention was also manifested in the control of the Ministry of the Interior of electoral lists. EOHR representatives reported complaints about tampering & manipulations in these lists by adding and deleting fake names. The ministry of the Interior also refused to give the new lists to opposition candidates although it gave them to NDP candidate |
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