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The situation of human rights in Egypt Annual report 2003
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Chapter 7
The right to peaceful assembly
The right to peaceful assembly is strongly linked with the right to freedom of opinion and expression since individuals must be allowed to meet freely in order to exchange opinions on issues which concern them. Peaceful assembly takes the form of meetings, sit-ins, demonstrations and marches.
International human rights instruments (Article 20 of the UN Declaration of Human Rights and Article 21 of the ICCPR) ratified by Egypt guarantee the right to peaceful assembly. They state that two conditions must be fulfilled before restrictions can be imposed on the right; firstly, the restriction must be provided for in legislation and secondly, it must be acceptable in a democratic society. Article 54 of the Egyptian Constitution provides:
Citizens shall have the right to peaceable and unarmed private assembly, without the need for prior notice. Security men should not attend these meetings. Public meetings, marches and gatherings are allowed within the limits of the law.
Cases monitored by EOHR demonstrate that the Egyptian Government does not honour these constitutional and international obligations. Compounding this problem is the fact that Egyptian legislation places the following restrictions on the enjoyment of this right:
1. Law of Assembly no. 19 [1914] limits to five the number of people who can attend a gathering. It leaves it to the discretion of the police to decide whether the gathering threatens public order. Where they decide that this is the case they have the right to disperse it. Those who oppose such an action risk up to six months imprisonment or a 20 LE fine.
2. Meetings and Demonstrations Law no. 14 [1932] places the following three restrictions on the right to assembly:
The police must be notified in advance of the gathering,
The police have the right to cancel the meeting before it takes place, and
The police have the right to attend the meeting and choose where it takes place.
3. Under the Emergency Law the authorities have wide powers to place limits on individuals' freedom of meeting and movement. Detention of people and searches of places take place outside the limits of the law and without following criminal procedures. This constitutes a flagrant violation of Constitutional rights and guarantees.
Security forces frequently use firepower to disperse gatherings and demonstrations and randomly arrest protestors who are beaten, insulted and humiliated. Violations are a regular feature of the investigation process following arrest.
On the 4th February 2003 the Administrative Judiciary Court issued an important ruling affirming the right to assembly. The verdict was issued after the Interior Ministry refused Abdel Mohsin Hamouda's request for permission for a peaceful public march in protest at the American policy towards Iraq. In its judgment the Court stated that "the Interior Ministry's justifications - assuming they are valid - are not enough to justify the suspension of a Constitutional right so intimately linked with public freedoms." The Court accordingly overturned the decision to ban the march.
Listed below are instances of security forces violations and excesses against protestors monitored and followed up on by EOHR in 2003.
1. On the 16th January a peaceful protest against the US policy in Iraq was staged in front of the Arab League building in Cairo. A disproportionately large number of security forces officers (the ratio of officers to protestors was 8:1) was employed in order to forcibly disperse the protestors.
2. On the 18th January a large crowd assembled in peaceful protest at the US policy in Iraq and the Israeli protest in the occupied Palestinian territories. Anti-riot policemen dispersed the crowd. Many of the protestors were arrested after they returned home and taken to the state security prosecution office which held them in detention while it investigated charges of disturbing public order levelled against them.
3. On the 15th February a protest was staged in front of Sayeda Zeinab Mosque in Cairo against the US policy in Iraq. Security forces cordoned off the protestors and some thirty central security vehicles encircled them.
4. On the 22nd February 1,000 Cairo University students joined a peaceful demonstration against the Israeli occupation policy in Palestine and the impending US war in Iraq. Central security forces cordoned off the students in order to prevent them leaving the area. Some thirty seven security force vehicles surrounded the students many of which were arrested indiscriminately.
5. On the 20th, 21st and 22nd March protests were staged in front of Al-Azhar University, the Lawyers' Union as well as in Tahrir Square and Sayeda Zeinab. Political and civil society figures joined the protests against the US occupation of Iraq. Security forces forcibly dispersed the crowd using truncheons, police dogs, water cannon and tear gas. Protestors were attacked and arrested at random. The Lawyers' Union was stormed and its members attacked, including Peoples' Assembly members Hamdeen Sobhy and Mohamed Farid Hasaneen. Hasaneem was dragged down the stairs which led to his incurring several injuries. He was taken to the state security prosecution office with other protestors and charged with a number of offences. Hamdeen Sobhy was arrested in his home in a manner resembling a kidnapping.
6. On the 4th April a protestors gathered in Sayeda Zeinab in order to listen to a condemnation of the American occupation of Iraq given during a mosque sermon, and pledge allegiance with the Iraqi resistance movement. Security forces arrived in huge numbers and transformed the square into a military barracks. Before the beginning of prayers armed officers dressed in civilian clothing spread out in the mosque and infiltrated the crowd. They prevented people from praying in front of the Mosque and then began beating them. Members of the congregation were physically searched and arrested at random, in particular young people. This changed the square into a makeshift detention centre.
7. On the 12th April the Journalists' Union in central Cairo witnessed a protest composed of almost a thousand people against the US occupation of Iraq. A large number of security force members attacked the crowd and arrested them at random with no legal justification.
8. On the 28th September a thousand-strong crowd gathered in front of the Tahrir government building in protest at the Israeli occupation in Palestine and in order to pledge solidarity with the Intifada and the Iraqi resistance against the US occupation. Protestors called for the Egyptian Government to sever relations with Israel and the United States. A number of civil society representatives and celebrities participated in the demonstration. Anti-riot police based in front of the government building started dispersing the crowd while police officers and soldiers imposed a cordon around the protestors.
9. On the 20th October state security forces informed the Committee for the Defense of Democracy that for security reasons the Interior Ministry had banned the gathering in front of the Palace of the Republic scheduled to take place on the 22nd October. A delegation from the Committee was supposed to deliver a document entitled "a call for speedy political and constitutional democratic reform" to the presidency.
10. On the 23rd October more than seventy employees of a hospital in Alexandria gathered in front of the Ministry of Health in protest at the bad treatment they had received from the hospital and express their opposition to its decision to halve their monthly bonus. The hospital director requested that the police forcibly disperse the crowd.
11. On the 29th October students from Menoufiya University's Faculty of Engineering gathered in protest at the continuation of the US occupation of Iraq. The University's administration expelled thirty two students and launched an investigation against twenty four others.
12. On the 24th December the Committee for the Defence of Democracy launched a peaceful demonstration in Tahrir Square demanding constitutional amendment and political reform. Security forces dispersed the crowd using weapons and truncheons.
Chapter 8
Economic and social rights
Human rights are an inseparable unity; interwoven, strongly linked and of equal importance. For this reason civil and political rights activism will not be effective if violations of economic, social and cultural rights are not confronted. Examples illustrating this point are plentiful. For example, freedom from fear and poverty is closely linked to the right to freedom of expression and belief, while the ability of a person to enjoy the right to education is linked to the state of his health. An illiterate mother compromises her children's chances of enjoying good health. EOHR has monitored violations of social and economic rights in the fields of work, education, health and housing since 2001.
Economic and social rights in 2003
"For people and by people", the slogan of economic development, encapsulates the idea that people are its aim and its means. A government's economic and economic reform policies are destined to fail if they do not lead to an improvement in people's livelihood and way of life.
Ten years have passed since Egypt began its economic reform programme but the Egyptian economy has still not regained its strength. Rather, it continues to be afflicted daily by problems such as the exchange rate, the weakness of the Egyptian pound to the dollar, the continuing increase in the price of basic commodities, the worsening public debt and the return to borrowing from abroad and from the World Bank and International Monetary Fund - despite Egypt's 1996 proclamation that there would be no return to borrowing from these sources.
The 2003 United Nations Human Development Report recognised that Egypt has made real progress in human development, particularly in education, health and individual income. It indicated however that Egypt continues to face real challenges which it must overcome as soon as possible.
Violations monitored by EOHR in 2003
The right to work
The right to work is provided for by numerous international human rights instruments including article 23 of the Universal Declaration of Human Rights (UDHR) and articles 13 and 14 of the Egyptian Constitution. Egypt's application of Constitutional and international treaty provisions on the right to work would be sufficient to realise effective guarantees protecting workers' rights. In practice however, these standards are not respected.
1. Unified Labour Law 12 [2003]
Composed of 257 articles, the law deals with individual and collective work relations, directing and training, occupational heath and safety, dispute resolution, employment of women and children and punitive measures.
The Law contains numerous provisions which rob workers of the rights they have earned. It divests them of legal protection and places them at the mercy of decisions taken by employers in numerous areas but particularly in relation to the renewal of employment contracts, unfavourable dismissal conditions, holiday entitlement, representation of workers in the Supreme Wages Council and their right to take industrial action.
In order to realise social and economic stability and progress which is positively reflected in people's income and standard of living, amendments must be made to the law which balance the interests of employers with those of workers without either having precedence over the other.
2. Loss of job security in the private and unofficial sectors. There are currently two million government workers working according to temporary contracts or cash in hand arrangements without the benefit of legal protection, sick pay or the right to leave. They are deprived of legal guarantees provided for in Egyptian legislation. Compounding this problem is the catastrophe of early retirement which has increased because of the number of unemployed. The number of people forced to retire early was some 300,000 in 1997 and reached 450,000 at the end of 2000. This policy is still in force.
3. The trade union system has weakened. Despite the fact that the Federation of Trade Unions encompasses more than twenty-three unions only 25% of the Egyptian workforce are members of a union. The majority of the ten million private sectors who are not members of a union do not join because of pressure from their employers, Added to this is the absence of a union within thousands of private sector companies and factories. In fact unions exclude from their membership workers below fifteen years of age, who number between 1.5 and 2 million.
4. Unemployment and poverty are steadily increasing. Statistics produced by the Central Agency for Mobilisation and Statistics in 2003 put unemployment at roughly five million. The government must find a radical solution to mitigate the effect of this problem which manifests itself in the spread of crime, financial dependency, an increased marriage age and psychological problems. When officials talk about unemployment in Egypt they describe it as an international problem but forget that others countries offer social benefits to the unemployed.
The World Bank's 2003 report states that 52% of Egyptians earn less than $2 per day and that some 23% live below the poverty line.
The right to health and medical care
Article 25 of the UDHR and article 12 of the ICESCR provide for the right to enjoy good health and the right to medical care. Article 16 of the Egyptian Constitution provides:
The State shall guarantee cultural, social and health services in an easy and consistent manner, particularly for villages, in order to raise their standard.
Article 17 states:
The State shall guarantee social and health insurance services and all citizens have the right to pensions in cases of incapacity, unemployment and old-age in accordance with the law.
The World Health Organisation defines nine fundamental elements of the right to health. Health care should be open to everyone, readily available, of an acceptable quality, just, affordable, offer new medical techniques and be well organised in terms of medical specialisations. According to the World Bank 2003 report Egypt occupies the 66th position in the world health rankings because it allocates 5.3% of its total national income to health. This represents between $7 - $8 billion dollars of which $4.1 is spent on health treatment financed by the government, and the rest were spent on construction of buildings and other services.
Both preventative and curative health care in Egypt are of a low standard as is demonstrated by:
1. The narrowness of the official understanding of health care, in particular preventative health treatment.
2. Access to medical treatment; there exist pronounced differences in peoples' access to medical care on all levels.
3. Geographical differences in the provision of health care between cities and the rural areas.
4. Health care is under funded and financial allocations to rural areas swallowed up by administration and bureaucracy.
EOHR monitored the following violations caused by government health under funding in 2003.
1. Rift Valley Fever
Cases of Rift Valley Fever were detected in August 2003, victims having been infected by animals which had not been correctly vaccinated against the illness. In the Kafr al-Sheikh governorate of north Cairo more than thirty three people died of the fever while three people died in Daqhilayya. Dr Youssef Waly, the former deputy prime minister and Minister of Agriculture denied that any livestock had been infected with the fever and had a heated argument the Minister of Health.
2. The increasing rate of Hepatitis B and C. A People's Assembly Health Committee report states that more than 8 million people - 12% of the Egyptian population - are infected with Hepatitis. 70 % of these cases are attributable to malpractice in medical centres, in particular public and teaching hospitals.
The report also mentions that there are an estimated eight million cases of Hepatitis C, 5.5 million of who suffer chronic hepatitis. 4.5 million of this number are infected with both viruses B and C and 2.7 million have cirrhosis of the liver and kidney failure.
3. The deteriorating standard of hospital facilities - eighty hospitals are on the verge of collapse. In addition vital medical services are seriously under funded, factors which prevent the provision of adequate medical care to patients.
4. Medicine companies intentionally refrain from making medicines locally and are content to import chemical ingredients to increase their profits without regard for limited incomes.
5. Deficiencies and contradictions in the current health insurance system and its incompatibility with the state health service. Its drawbacks include the shortage of doctors, weakness of the health insurance structure, continuous complaints about the lack of medicine, the administration of unsuitable medicine and corruption due to the weakness of supervisory techniques.
The following changes must be made in order to guarantee the right to medical care for all citizens:
- Integrated medical services must be provided in health centres and hospitals targeted at low-income patients. A spirit of competition should be developed among health centres and hospitals and standards of quality and efficiency maintained. Adequate resources must be provided to maintain such standards.
- The health insurance system must include all citizens.
- Financial and human resources must be provided in order to complete hospital construction
projects and a body dealing with the construction and maintenance of hospital buildings must be created. The Ministry of Health currently outsources this, costing the Ministry needless additional expenses.
- Elimination of the misallocation of medical staff and distribution between hospitals especially in rural regions where doctors have no choice about where they work. Doctors must rather be rewarded with bonuses in order to encourage good performance.
- Resource allocation must be reviewed in order to ensure equal spending on primary health care, curative and preventative treatment.
- The Government presents the draft budget to the People's Assembly annually without giving full details of health sector spending. In the 2003 budget the government placed health, religious and work force expenses in one category. The statistics presented to the People's Assembly about expenditures in the health sector did not represent the real situation in hospitals and health centres in rural areas and villages.
Cases presented to EOHR
| Date |
Case |
| 25/10/2003 |
Mustafa Ibrahim Mustafa, a soldier. Despite the fact that he has a deformity in his right knee and that his right leg is shorter than the other a medical committee judged that he was fit enough to perform military service. |
| 19/10/2003 |
Ibrahim Helmi Mohamed, a soldier. Mohamed was injured while performing military service. An inflammation of the spinal fluid deteriorated to paralysis of the legs and he urgently needs a wheel chair. |
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Hussain Ez Eddin has been in Abu el Reesh Hospital since July 2001 because of a deformity in his lungs. Urgent tests need to be carried out but the hospital delays these procedures and his doctor is not monitoring his deteriorating health. |
| 21/9/2003 |
Hamed Muhamed al Sayyid Musa is blind and works in a sugar company in Shubra. He requires an operation to his left eye but is still waiting for a response. |
| 15/9/2003 |
Tarek Mounir Zaki, a police officer, suffered a slipped disc in the neck and was transferred to Leuman Tora Hospital despite the fact that he lives in Zaitoun. His disability worsened by 35% as a result of having to travel between his home and the hospital. |
| 15/9/2003 |
Malouk Mohamed Ibrahim, a coal company employee. The company refused to finance an eye operation and treatment for a clot in his left hand which required a three day stay in hospital. |
| 7/9/2003 |
Nagwa Radwan Abdel Basett, she was suffering from appendicitis, and the doctor fixed a date for the surgery in Esna Hospital in Quena. When she went to the hospital for the operation the doctor didn’t arrive in time and her family were forced to pay for the operation in a private hospital. |
| 5/8/2003 |
Mustafa Sayyid Ahmed Ibrahim. On the 28/7/2003 he developed a severe stomach ache and fever, and headed to Esna Hospital where he was given medication which resulted in his fever getting worse.He was neglected by hospital staff and died of pain. |
3. The right to housing
The housing problem touches every Egyptian family since shelter is a fundamental need and basic right. Housing is an issue that affects the stability, security, comfort, health and personal safety of the individual and whole society.
The housing problem is a central challenge facing developing countries like Egypt because of the social and economic impact which it has on society, especially on young people and those of a low income. The impact of the housing problem is exacerbated by the way in which it affects the relationship between the citizen and the state. Providing safe and suitable housing for citizens spreads stability and encourages loyalty to the state and trust in the ruling regime.
The housing problem is Egypt has several dimensions and is not restricted to the shortage of suitable housing. Rather it encompasses issues such as slum areas, deserted and closed units, landlord - tenant problems, neglect of building maintenance, ill-planned distribution of residents, overcrowding, lack of facilities in certain areas and the construction of urban dwellings on agricultural land.
1. The discrepancy of supply and demand for housing
The 1996 census reveals that there exist more than 12.7 million families in Egypt and 12.3 million housing units, which would seem to indicate that there is not a big discrepancy between supply and demand for housing.
2. The spread of makeshift housing
Makeshift housing refers to housing randomly constructed by individuals who have neither divided the land on which the housing is built nor obtained permission for its construction. The housing is generally built in areas outside urban conglomerations or on empty land within towns and cities. A 1992 study by the specialised national councils on random, marginal and cemetery housing revealed that in the 1960s makeshift housing represented 50% of total housing construction.
This figure rose to 80% in the 1970s and then dropped to 40% in the 1980s. This housing makes up for the housing shortfall left by the inability of legally constructed housing to meet demand. More than twelve million people currently live in makeshift housing according to figures released by the Ministry of Housing. This is in addition to land which is not intended for habitation but is nonetheless squatted by families such as land surrounding mosques, ancient monuments, shops and markets. Families also make homes in garages and under stairs and build wooden shacks in the alleys of poor areas or live in one room and share a bathroom with other families.
This type of basic housing is the lowest standard of housing and at times unfit for human habitation.
Makeshift housing poses urban planning, social, economic and political dangers such as:
1. Lack of basic facilities such as water, sewage systems and electricity.
2. Unsuitable health, educational and recreational facilities which leads to an increase in illiteracy and health problems.
3. Spread of social problems and aggravation of domestic problems.
4. Lack of privacy either because of the close proximity of houses or because two or more families share a house or facilities such as the bathroom or kitchen.
5. Many buildings are built without sufficient consideration for basic construction techniques and standards, which compromises the building's longevity.
6. Industrial, commercial and artisan activities take place in residential areas with increases environmental pollution and cuts down on green spaces and recreational areas.
7. The narrowness of streets and uneven surfaces resulting from unplanned and random constructions increases congestion generally and makes access difficult for emergency services vehicles.
8. Lack of green spaces and recreational areas.
Much housing is therefore constructed unofficially, in clear violation of the law and building regulations, and makes for an unsuitable urban and social environment.
3. Neglect of rural housing issues
Housing policy tends to focus on urban housing problems without according the same concern to rural housing, despite the fact that roughly half of Egypt's population live in the countryside. In addition housing problems in the countryside can be solved through local self-reliant efforts if the right framework is put in place. Housing policy for rural areas must be concerned with providing such a framework necessary to encourage self-reliance, individual initiatives and provision of services and facilities in rural areas. This will establish equality with urban areas and social justice and will prevent unplanned urban encroachment into rural areas.
4. Lack of building maintenance and conservation
For numerous reasons Egypt fails to maintain its real estate despite the fact that this is its most precious possession. Some of these reasons include the lowering of rental value, the ineffectiveness of property owners' associations and the failure of property owners and maintenance workers to maintain buildings correctly. This leads to buildings falling into disrepair and to a reduction in their rental value and lifespan, and also increases the demand on housing units for renovation. It in addition poses a danger to the lives of citizens. The Ministry of Housing states that there are some million housing units which are unsuitable for habitation.
5. Destruction of the urban environment in towns and villages
a) Bad urban planning which has resulted in the concentration of large numbers of buildings in certain areas, and which is unacceptable both in planning and construction terms.
b) Lack of harmony between Egyptian towns.
c) Heavy demand on utilities.
d) Use of the same piece of land for different purposes.
e) Exhausted communities.
f) Misdistribution of capital between regions and towns.
g) Misdistribution of residents.
6. Consumption of agricultural land as a result of urban encroachment
Estimates vary as to the amount of fertile agricultural land lost as a result of the spread of urban developments. The Ministry of Housing provides a figure of between 50,000 - 60,000 feddans while Ministry of Planning estimates it to be 30,000 feddans. This encroachment clearly poses a threat to national food production and must therefore be curbed and urban expansion redirected away from agricultural land.
Effective solutions to the housing problem
Forming a comprehensive solution to the housing problem requires the putting in place of coordinated policies, legislation and practices which will guarantee a radical solution to the problem and which must address:
1. The provision of social housing, which should be at the head of Egypt's list of priorities. One body should be made responsible for overseeing the provision of this housing. The inability of those on a low income to rent or buy property must be considered in the near future and this requires the putting in place of a financial and administrative structure to enable them to acquire suitable housing. It also requires that the state bear the difference between the cost and the individual's ability to pay. The provision of housing to those of a limited income is the most important housing issue and the responsibility for providing such housing falls on the private sector as well as the state - it is a shared responsibility between individuals and society. The inability of the supply of housing to meet demand within low income sectors of society was undoubtedly one of the most important factors contributing to the emergence of makeshift and illegally constructed housing and the inhabitation of cemeteries, and the social and economic dangers associated with this. It is therefore crucial that an alternative mechanism be put in place to realise a balance between supply and demand for social housing.
2. The importance of putting into effect the Property Funding Law, in particular article 35 which is concerned with the establishment of a support fund concerned with the sale of property to low income individuals. The support fund must be allocated sufficient funds in order to allow it to play an effective role in the provision of affordable housing to low income groups.
3. The state must establish new communities with the aim of creating independent and prosperous urban communities. The population must be redistributed by attracting potential residents to new communities away from crowded cities. New towns face a number of problems associated with the provision of basic utilities and transport links which discourages potential residents. Some 1.24 million residents currently live in these towns, which calls for consolidation of services and reduction of the cost of land for both housing and industry in order to provide work opportunities and put in place transport links.
4. Projected solutions for housing problems must take into account the unique situation of, and challenges facing, each governorate. Some governorates for example may benefit from leaving surrounding desert areas empty in readiness for future expansion. Income differences must also be taken into account when deciding whether to property should be for sale or rent.
5. The Public Organisation for Urban Planning must be strengthened in order to allow it to carry out its designated duties. This will lead to the conservation of agricultural land and the construction on suitable land. It will also give greater importance to urban planning and its role in creating a new vision of harmonious construction. In addition it will draw up a new urban map encompassing industrial, agricultural and social activities creating new economic, administrative and development zones focused on specialised production and uncovering hidden potential in Egypt. By means of this map, Egypt will be able to enter the global investment market and create new job opportunities to curb migration from the countryside to urban areas. As a consequence of this, building on agricultural land and the construction of makeshift housing will be banned and an alternative to the spread of cities will be provided. The urban planning debate must take place within a comprehensive national framework encompassing Egypt as a whole - its desert, coastal, delta and oases regions - which protects agricultural land, solves the housing problem and uncovers and builds on Egypt's hidden potential.
6. Measures taken by the state to develop slum areas and provide utilities have contributed to a sharp reduction in problems associated with these areas. A gradual, all encompassing plan with the dual aims of eradicating slum areas with no hope of development and preventing the development of new slum areas must be put in place. Alternatives to the spread of towns and cities must be sought and housing provided for groups of all incomes reflecting their needs and capacities. Property rights, such as deeds, should be guaranteed in order to encourage the elimination of slum areas via their inhabitants.
7. The danger of encroachment on agricultural land which must be brought to end once and for all through a rigid planning framework that aims to provide a greater number of building licences and safe alternatives.
Such policies are required not only to address existing problems but to realise future aspirations and improve the quality of life in both cities and the countryside. This is a national responsibility in which the state and all its institutions will participate alongside the private sector, citizens, funding institutions such a banks and insurance companies, the media and civil society.
Examples of violations of the right to housing
Date |
Events |
| 13/11/2003 |
Fawziya Ahmed Ismail
She and her five children live in al-Magowereen Cemetery in Cairo. They all suffer from chronic lung disease caused by the environment in which they live. Ismail has presented a request for accommodation in a flat but has not received a response. |
| 22/10/2003 |
Retired workers from the Basateena Services Unit (Kafr al-Sheikh)
They had spent all their working lives in government accommodation provided as part of their employment. When the decision to force them to retire was taken they were not provided with alternative accommodation. |
| 21/8/2003 |
Residents of no. 2 Riyadh Street, Assiut
The governorate attempted to evict them from their homes after Services Fund bought the land on which the houses are built from the Nasser Social Bank, knowing that the residents had no alternative accommodation. |
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Residents of Zilzal, Qattamiyya
The residents brought a case against the President of the Republic, Prime Minister, governorate of Giza, Minister of Local Governance, Minister of Housing and New Urban Communities and Chairman of the General Association for Public Housing and Construction demanding that workers living in housing units be exempt from paying any fees for their housing, as victims of the earthquake were exempt. |
4. The right to education
The right to education is a central issue affecting Egypt and a major factor in the future of any nation. It constitutes a long-term investment which yields rich returns. While the efficiency and size of a state's infrastructure is the best measure of its development and advancement, reflected in its ability to attract investment and increase its output and exports, the efficiency of the educational system and spending on it as well as scientific research are the truest indicators of a state's progress and scientific and technological development. It is automatically reflected in its economic, social and cultural development and for this reason is at the head of states' concerns.
The right to education is enshrined in international instruments such as article 26 of the Universal Declaration of Human Rights and articles 13 and 14 of the ICESCR. Article 18 of the Egyptian Constitution provides that:
Education is a right guaranteed by the State. It is obligatory in the primary stage and the State shall work to extend obligation to other stages. The State shall supervise all branches of education and guarantee the independence of universities and scientific research centres, with a view to linking all this with the requirements of society and production.
Article 20 provides that all stages of education shall be free.
Despite the fact that Egypt has in recent years realised a noticeable improvement in the availability of education both in terms of the numbers entering education in its various stages, and sexual equality in the availability of education, it has not realised a comparable improvement in quality despite the fact that government spending on education exceeds more than 25.9 billion Egyptian pounds. This sum has failed to realise an improvement in education for Egypt's growing population. At the same time the quality of the educational system continues to deteriorate, class sizes are increasing and private lessons are becoming more widespread as a result of teachers' low wages. An additional problem is the disparity between the numbers of graduates and their specialisations, and the needs of the labour market. Furthermore, the truancy rate from primary and preparatory (ages 13 - 15) schools stands at 13%.
The 2003 Human Development Report warns that the number of pupils who truant is more than 100,000 at the primary school level alone. The Report states there are numerous factors which prevent the improvement of the educational system in Egypt. The most important of which are the growth of the population, the increase in crowding and poverty and sexual inequality. The Report also states that illiteracy, which currently stands at 24%, is a major threat to development efforts.
The following reforms must be made to the educational system in Egypt:
1. A large proportion of national revenue must be dedicated to the building of schools, in cities as well as rural areas.
2. Development of the school curriculum and teacher training and greater use of modern technology in the classroom. Teachers' wages must be increased. The existing educational system deters potential teachers as a result of the cutting and freezing of wages, the fact that wages are not linked with student performance, the profitability of private lessons and the method by which state revenue is apportioned to higher education to the detriment of primary levels.
3. Restructuring investments in education to serve strategic goals and plans and to develop the Egyptian educational system and lead to better resource allocation.
4. Opening up of education to NGOs and the private sector to strengthen and fund educational institutions on condition that this funding is exempted from a portion of their taxes.
5. Clarification of the definition of free education in order that low income families unable to pay additional costs associated with education are given financial support. The Egyptian Constitution provides that free education is the right of all citizens but in reality Egyptian families shoulder huge economic burdens for education such as the cost of private lessons which have become a fundamental part of the budget of virtually all homes. Many low income families cannot afford to pay these costs. Education for the poor must therefore be supported by stipends for the brightest students at all levels, and talent uncovered and developed.
6. A feasibility study must be conducted into the possibility of dedicating a portion of the more than 10 billion LE spent annually on private lessons to the development of government schools.
This money would be spent on improved educational serves for students, such as study groups, rather than private lessons the cost of which all Egyptian families are forced to bear on condition that the fees of these study groups would be less than those of the private lessons.
Complaints about the violation of the right to education received by EOHR
| Date |
Events |
| 15/10/2003 |
Relatives of pupils of the School for the Mentally Disabled in Asna, Qena. The Governorate of Qena transferred the pupils to a school 15 km away from their homes. The new school is not equipped to meet the needs of the pupils and lacks specialist teachers. |
| 28/8/2003 |
Hesham Yousry Hamed
On the 26th March 2003 Hamed obtained a court ruling from the Supreme Administrative Court upholding his legal right to enrol at the Police Academy. This verdict has to date not been implemented. |
| 26/8/2003 |
Residents of the Awlad Morgan village in Minya donated a piece of land to the department of education for the building of a village school motivated by their fear that their children would be hurt while they crossed the busy Dirmawas – Maryoutiyya desert road. The project has still not begun. |
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