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The situation of human rights in Egypt Annual report 2003
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Chapter 9
The right to political participation
Political participation is one of the pillars of democracy, and democracy and democratic development are contingent on all individuals, groups and classes being given the right to enjoy this right.
Democracy is founded on fundamental principles such as respect for human rights, political freedom, political party plurality, transfer of power and the rule of law. However, democracy means practical implementation rather than mere ideas and theories and in reality means one thing only: free and open elections which are the first step towards democratic change, and which are the essence of a government's legitimacy.
Obstacles to political participation
1. The legacy of political life in Egypt has left Egyptians believing that involvement in political life is pointless. In the eyes of the elector flawed elections render the whole process a farce and a mere expression of the will of the government. The wishes of the electorate are completely ignored. Compounding this problem is the fact that there exists little information about political participation.
2. Legislation such as Law 73 on the Exercise of Political Rights [1956]. Despite the many amendments made to it during recent years, (the most recent of which was in 2000) the Law still attracts criticism, for example with regard to the role it gives administrative bodies in preventing electors from signing up to the electoral register.
Three provisions of the Law are relevant here:
The Chief of Security in each administrative district is a member of the committee which deals with complaints from people who have been prevented from exercising political rights.
Individuals who have been placed under supervision following a judgement by the Values Court (an exceptional body) are banned from exercising the right to vote.
Individuals who have been sentenced in military courts (which are exceptional courts) are banned from exercising their political rights.
Article 50 of the Law provides that cases will be thrown out of court six months after election results have been announced. This contravenes article 57 of the Constitution which states:
Any assault on individual freedom or on the inviolability of private life of citizens and any other pubic rights and liberties guaranteed by the Constitution and the law shall be considered a crime, whose criminal and civil lawsuit is not liable to prescription. The state shall grant a fair compensation to the victim of such an assault.
3. The unstable and disordered electoral system. Egypt has known two types of voting systems since the reintroduction of party plurality; first past the post used in 1976, 1979, 1995 and 2000 elections and party list proportional representation used in the 1984 and 1987 People's Assembly elections. The first past the post system - which suffers a number of faults - is currently used. People's Assembly representatives are elected not according to criteria such as their manifesto or political beliefs but rather on the basis of factors such as their family background and status, clan loyalties, financial clout and the intimidation of adversaries. This was made clear in the 1995 and 2000 People's Assembly elections. Candidates exploit and profit from dire economic circumstances by paying for votes with the result that the richest rather than the best candidates win parliamentary seats.
4. The National Democratic Party (NDP) dominates and controls institutions of power while severely restricting the activity of other parties. The failure of important issues such as the renewal of the President's tenure of office and Constitutional amendment to make any impact during the 2003 National Dialogue Conference (involving Egyptian political parties from across the board) raises questions about the role political parties play in Egyptian political life, and whether they merely serve as a front enabling the Government to deprive Egyptians of their rights.
5. The continuing application of Emergency Law 162 [1958] directly imperils the staging of fair elections in two ways; firstly, it places restrictions on the freedom of assembly and movement, allows the authorities to prevent individuals from travelling or staying in certain places at certain times and allows the police to search people and places without observing the procedures stipulated by the Criminal Procedures Code and, secondly, the Law imposes censorship on correspondence, journalism and all types of publications.
These provisions clearly violate article 62 of the Constitution which provides that citizens 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." The exercise of democracy demands that the election process in all its stages contain the measures necessary to guarantee that candidates are free to pursue their election campaigns, hold meetings and distribute campaign literature without being held in administrative detention by the executive authorities acting under power conferred on them by the Emergency Law.
6. Social and economic problems have made Egyptians' primary concern earning enough to make a living and survive: the majority of the population consequently regard political participation as a superfluous luxury. The increased concentration of wealth in the hands of the few has increased the gap between the rich and poor.
In order to demonstrate the extent of violations of the right to political participation this report provides details of the People's Assembly and Shura Council elections as well as student union elections monitored by EOHR in 2003
Parliamentary elections
The Parliament members' military service crisis
The Parliament members' military service scandal marked another comic instalment in the 2003 parliamentary drugs, intimidation and loans sagas. The scandal exposed Parliament members who had evaded military service - all of whom were members of the ruling NDP. It began at the end of 2000 immediately after the Parliamentary elections. Unsuccessful candidates raised some twenty three cases before the Administrative Court claiming that the membership of a number of elected candidates should be annulled because they had not performed military service.
Certain chambers of the Court ruled in the plaintiffs' favour and withdrew the membership on the basis that they had lost the people's confidence and were unworthy of membership of the People's Assembly. Other chambers however found that as long as the member had paid the fine for his failure to perform military service he could not be considered to have lost the people's confidence and could therefore retain his seat in the People's Assembly. In the face of this difference of opinion the judgments were referred to the State Council's Committee for the Unification of Principles for a ruling.
The case was reopened in August 2003 when the judgments were referred to the People's Assembly and the Parliamentary President requested that the Minister of Justice order that the Supreme Constitutional Court issue its opinion on Article 5 and the last paragraph of Article 6 of Law 38 on the People's Assembly [1972]. Article 5 states: "candidates for membership of the People's Assembly must have performed military service or been exempted from performing it under the law, provided that doesn't contradict with the Articles of the Law on the Organisation of the Exercise of Political Rights." Article 6 provides that "candidates above thirty-five years old are exempted from the requirement of providing a certificate proving that they have performed military service or are exempted from it."
The Supreme Constitutional Court held the membership of Parliament members who had evaded military service to be void stating that performance of military service or exemption from it is a fundamental condition of candidature to both the People's Assembly and Shura Council. The Court stated in its judgment: "Article 5(5) and the last paragraph of article 6 of Law 38 on the People's Assembly [1973] makes nomination for People's Assembly membership conditional on the candidate having performed military service or being exempt from it under the law. The exemption detailed in the last paragraph of Article 6 does not dispense with this condition for those over thirty-five years old." Supreme Constitutional Court verdicts are binding on the Peoples' Assembly under Article 175 of the Egyptian Constitution which states:
Only the Supreme Constitutional Court shall undertake judicial control in respect of the constitutionality of the laws and regulations and shall undertake the explanation of legislative texts, in accordance with the manner prescribed in the law.
The Supreme Administrative Court confirmed the Supreme Constitutional Court's verdict on the 3rd November 2003 by refusing the appeal submitted by Hermass Radwan in which he challenged the constitutionality of articles 5 and 6 of Law 38 [1973] on the basis of Law 127 [1980] which provides that those who have evaded military service must pay a fine. Radwan and fourteen other Parliament members (all members of the ruling NDP) were expecting that the Administrative Court would accept the appeal and transfer it to the Supreme Constitutional Court for a decision. This would have led to a delay in the decision to expel them from Parliament.
In a new turn of events on the 12th November 2003 the People's Assembly accepted the resignation of the Parliament members involved in the affair rather than announcing the cancellation of their membership according to the judgment given by the Supreme Constitutional Court and the verdicts issued by the Administrative Court. This reopened the door for nominations to all citizens but had the tacit aim of re-electing NDP members to fill the vacant seats and so prevent opposition and independent candidates beaten in the 2000 elections from filling them. This manoeuvre is not only a violation of the law but completely disregards court verdicts. It furthermore violates the Constitutional rights of candidates beaten in the 2000 elections.
The Council of State's Administrative Judiciary Court confirmed that the Interior Minister's decision to re-open elections violated the Constitution, the law and court verdicts issued against candidates who were allowed to submit nomination papers despite not having performed military service. The Court added that the elections held on the 25th December 2003 were a repeat of the 2000 elections and nothing had changed which would require new nominations to be submitted.
The Court made clear that Article 18 of the Law 38 on the People's Assembly [1972] stipulates that where a Parliamentary seat becomes vacant before the Assembly member's term of office is due to end, by-elections must be held in order to elect a replacement member. The Article states that the new member must be elected according to sound procedures and includes the stipulation that the nomination occur in complete compliance with the law. The Court held that in this case the seat became vacant because of an invalid nomination, and that the provision does not apply in this case.
The People's Assembly and Shura Council by-elections were held on the 25th December 2003 in twenty two electoral districts to fill the twenty seats left vacant following the resignations and deaths of some members.
EOHR monitored a number of violations during these elections. It should be noted that the number of violations was lower than usual because of the unpopularity of these elections and the consequent low turnout. Some of these violations included:
1. The prevention of voters not carrying voting cards from exercising their right to vote despite their being registered on the electoral register a copy of which is kept at all polling stations.
2. Blocking the opening of polling stations because of the late arrival of ruling party candidates, as happened in the district of Fashn where the polling station did not open until 11 a.m.
3. Interference of security forces acting in the interests of the NDP. Opposition supporters were prevented from voting on the pretext that their names where not clearly marked on the electoral register. Some NDP candidates even went so far as to distribute gold medals to voters (as happened in Abu Qurqass, Minya) in an attempt to counter voter apathy and a low turnout.
4. Violation of Supreme Administrative Court judgments quashing the Interior Minister's decision to reopen Parliamentary nominations for empty seats.
5. A large number of problems with the electoral register. Names are repeated and names of individuals resident abroad or who died years ago are included.
6. Agents bought votes, paying as much as 200 LE. This happened in Kerdassa and al-Howamedia, both in Giza.
The NDP won fifteen seats in the People's Assembly and one seat in the Shura Council while the Al-Ahrar Party won one seat in the People's Assembly and five independent candidates were elected to the Shura Council.
Governorate of Cairo
Elections were held in the following electoral districts:
Bab el-Sha'raya and al-Mosqui: Mohamed Abdel Naby Ali Ibrahim (NDP) won in the first round.
Sayeda Zeinab, el Basateen and Khalifa: Ahmed Salama (independent) won a seat in the first round of Shura Council elections.
Salam, Marg and New Nuzha: one seat for both workers and farmers was contested between Omar Abdallah Refayy (peasant) and Muhamed Abdel Wahed Ragab (worker). The elections resulted to the winning of Refayy who is a candidate of NDP. The electoral process witnessed a weak voter turnout which made some committees delay the opening of the elections till noon.
Governorate of Giza
Elections were held in the following three electoral districts:
Manshiyyat el Qanater: Samir Sabih (NDP) won in the first round.
Kerdassa: Elections were postponed until the 31st December 2003. Farida el-Zomor (NDP) beat Tamer Abdel Rahman (independent.)
Verbal altercations broke out between voters and election officials at certain polling stations because of mistakes on the electoral register which resulted in their being prevented from voting. Security forces imposed a cordon round these polling stations. Other polling stations witnessed intimidation tactics by NDP supporters.
El Howamedayya: Elections were put back until the 31/12/2000 when Sayyed Ahmed Helal Abu al-Dahab (an independent farmer) won.
Governorate of Qalyoubiyya
A re-election was held in one electoral district, Qaloub, won by NDP candidate Darwish Marei. Tanan and Sandoun polling stations witnessed angry scenes when voters whose names were incorrectly written on the electoral register were prevented from voting.
Governorate of Alexandria
Sixteen candidates competed in the Montaza re-election held on the 31st December 2003 which was won by NDP candidate Ali Seif.
Eleven candidates competed in the Dakhila re-election held on the 31st December 2003 which saw a low voter turnout and which was won by NDP candidate Ramadan Tawfiq Taher Aqil.
Governorate of Gharbiyya
Elections were held in the following three districts:
Samanoud: NDP candidate Moawad Ahmed al-Basstouwissy Zayed won in the first round of the election, which witnessed a low voter turnout.
Zafty: Re-elections were held on the 31st December 2003 between Abdallah Ahmed Hussien (NDP) and Abdel Fattah el-Shafei (independent) which the latter won.
Nahtay: Re-elections were held on the 31st December 2003 between Uthman al-Destowy (NDP) and Ismail Mansour (independent) which the latter won. Some opposition and independent candidates were prevented from voting in certain electoral districts because, it was claimed, their names were not clearly marked on the electoral register.
Menoufiyya
Re-elections were held on the 31st December 2003 in the following districts:
Talla: NDP candidate Ahmed Raslan and Talat al-Sadat representing the Al-Ahrar Party disputed the election which was won by al-Sadat.
Barakat al-Suba: NDP candidate Magdy al-Rakhawy beat his opponent Saeed Badawy, and independent candidate.
Daqhilayya
Talkha: The Shura Council election was won by NDP candidate Samy Moustafa after his sole opponent Samir Mahmoud Mohamed Magahed (independent) withdrew.
Beny Abeed: The election was disputed by Hassan al-Mutawaly (NDP) and ten other independent candidates. The low voter turnout led to a re-election being held on the 31st December 2003 between al-Mutawaly and independent candidate Hassan al-Meer which was won by the NDP candidate.
Bahriyya
Elections were held in Kafr al-Dawar to contest a workers' seat left vacant by the resignation of Osama al-Sharqawy. One NDP candidate, Abdel Aty Hamed, and three independents; Mohamed Marzouq, Riyad Tayal and Farouq Hamida disputed the election. The election was won by the NDP candidate.
Sohag
Gerga: Twelve candidates competed for a seat in the People's Assembly left empty by the death of Ismail al-Gabaly. In the re-election held on the 31/12/2003 Radwan al-Gabaly (the deceased's brother) beat independent candidate Khalifa Radwan.
Bani Suweif
Fashn: Eight candidates presented their candidatures. Ahmed Maher Ali (NDP) beat Moustafa Abu Fakhra in the re-election held on the 31st December 2003.
The first round of this election witnessed sharp altercations which deteriorated into fist fights in the Fashn Girls' Primary School being used as a polling station when voting was delayed for more than two hours pending the arrival of NDP candidates and representatives. Local leaders and members of the security forces attempted to contain the situation until doors to the polling station were opened at 11 a.m.
Ahnassya: Three candidates; Ahmed Abdel Ghafar (farmer), Ihab Mohamed Abdel Khalil (independent worker) and Moustafa Ismail (worker) stood in the election which was won by Abdel Khalil.
Matrouh
Five candidates competed for the first electoral district of Matrouh, which comprises four electoral districts (Marsa Matrouh, al-Nagila, Sidi Barani and al-Saloum); Fathy Gaheim Murei (NDP), Ramadan Gheith Abdallah (independent farmer), Ali Mohamed Matary (independent), Ibrahim Michael Rahouma (independent worker) and Abdallah Farag Murei (independent worker). NDP candidate Fathy Gaheim Murei won in the first round.
Menia
Abu Qurqass: Three candidates disputed the "categories" seat; Farouq Taha (NDP), Alaa Khalaf and Ahmed Showqi (both independent).
They were among those who ran for the 2000 election following an Administrative Court decision to cancel the Interior Minister's decision to open nomination, and the court restricted the nomination to those who ran the previous 2000 elections. The first round resulted to the victory of the NDP candidate.
Some NDP candidates resorted to distributing gold prizes in an effort to counter low voter turnout.
EOHR reaffirms the need for reform of the Egyptian electoral system through:
1. Removal of the restrictions imposed on the founding of political parties and their political and public activity and respect for civil and political rights.
2. Annulment of all exceptional laws which restrict freedoms (at the head of which is the Emergency Law) and amendment of the Penal and Criminal Procedures Codes' provisions on elections. Such an amendment must allow the prosecution of public servants suspected of vote rigging and similar crimes which compromise the probity of elections. Both civil and criminal cases brought in connection with such offences must not be allowed to be made invalid by the course of time.
3. Annulment of Law 73 on the Exercise of Political Rights [1956] and amendment of the electoral system in order to guarantee electoral freedom and probity. This must include the drawing up of electoral registers, the sorting and announcement of votes according to sound legal rules and the use of glass ballot boxes to ensure a fair and transparent election.
4. Guaranteeing the independence of trade and student unions and safeguarding of their right to practice their role in social problems and politics.
5. The spread of democratic values, especially those of equality, tolerance and acknowledgement of others and dialogue as the basis of persuasion. All sectors of society and not only young people must be encouraged to participate in political affairs.
6. Solving social problems such as poverty, unemployment and the housing crisis. This will be reflected positively in the participation of citizens in the election process.
7. Ending administrative interference in elections through the enactment of legislation preventing local administration from participating in the election process. A propaganda supervisory mechanism must be created in order to guarantee equality of opportunity for candidates.
8. Application of judicial verdicts, in particular those of the administrative judiciary concerned with election appeals and nominations. Gaps in the legislation which allow some to delay the implementation of verdicts must be filled.
Student elections
Student elections are one of the most important indicators of democracy given the important role of students. These elections, which take place every year, affect all students who are willing to get involved in their societies. History is full of students movements that changed the course of history such as the overthrow of President Soharto of Indonesia, the Tiananmen Square demonstrations and the role of Egyptian students in the 1930's, 1940's and 1967 defeat. But in the last few years students' activities have experienced a setback, especially after the suspension of the Union of Republic Students. Students' activities are hemmed in by the 1979 Code applied in Egyptian universities which stifle a number of student rights.
Before presenting some of the violations observed by EOHR during the course of student union elections in 2003 the student union election process will be presented as it works in theory and in practice in order to reveal some of the violations which occur.
According to the statute implemented in 1979 the call for nominations must begin a sufficient period of time before elections are scheduled to take place. Nominations are received by the youth welfare administration centres in the various faculties over a period of two days at the end of which a provisional candidate list is announced. Some two days or so are allowed for complaints and appeals before the final list is announced.
The 1979 statute does not, however, delimit specific dates for these procedures except for the requirement that the election process be over and done with before the end of November.
The election process takes place over the course of two days.
1. Nominations are invited between 9 a.m. and 3 p.m. The quorum is 50 % of students eligible to vote.
2. Where the quorum is not attained nominations are again invited the following day at the same time but the quorum is reduced to 20 % of students eligible to vote.
Twelve students are elected to represent each discipline except for faculties of a special character like the Faculty of Medicine which elects seventy two students and the Faculties of Pharmacy, Engineering, Dentistry, Veterinary Science and Urban Planning which each elect sixty student representatives. Forty eight students are on the six student union committees concerned with the scouts and social, cultural, sport and artistic affairs. Two students from each faculty join one of these committees.
Committee raporteurs and assistant raporteurs are chosen within two days of the elections ending. The following day the head and deputy head of the student union are chosen by majority vote. Trustees and deputy trustees are chosen and university union elections held to select the head and deputy head of the university union from amongst the trustees.
There is a pronounced difference between these guidelines and the reality of student elections with regard to:
Nominations: Certain universities prevent a faculty from calling for nominations and then surprise the student body with an announcement declaring that elections will take place on the same day - but without candidates. University administrations make certain faculties the victim of this practice, which is a repeated occurrence in Cairo's Al Azhar University.
Acceptance of nomination papers: Certain universities hinder and obstruct the acceptance of nomination papers through the imposition of crippling conditions such as the requirement that the potential nominee provide evidence of his student activity - a condition which is virtually impossible to fulfil given the forced inactivity of student unions and the freezing of their funds since 1993 has virtually rendered student activity non existent.
Imposition of other crippling conditions such as the requirement that the student proves he is of good character and has not been subject to any disciplinary sanctions. This elastic condition conflicts with the most basic rules of justice by making the acceptance of a student nomination conditional on its receiving the consent of the university administration according to criteria defined by this administration. At the beginning of the academic year a large number of student activists are sent for disciplinary investigation in order to exclude them from nominations.
Interference with the provisional and final candidate lists: On the basis of instructions from security bodies faculty administrations cross out all but an insignificant number of names on the list with the result that provisional lists are rarely full. Announcement of the final list is delayed until the day of the elections itself when it is displayed after the university has been cleared of students. There is accordingly no way to halt elections except by means of an urgent case brought before the administrative judiciary. If any other procedure is used the elections will have already finished by the time such procedures take effect.
Below some of the university elections held in 2003 are described.
Cairo University
Faculty of Science
Of a total of seventy five nominees only thirty were accepted and listed on the final nomination list. The remaining forty five were either crossed off the list without reason or summoned to State Security Investigations headquarters in Doqqi, Giza along with their parents where they were threatened in order to make them withdraw their candidacy.
A student who was the target of such State Security Investigations pressures says: "When nominations are called for State Security officers - in collaboration with students who they have on their pay roll - keep students who are involved in political activities or student services excluded from the nomination process. Sometimes anyone who they don't know is crossed off the list." Student MM provides evidence of this: "I presented my nomination papers to youth welfare…So how is it that me and my father were summoned by a police officer who told me to withdraw my candidacy, and then, when I replied 'I'll do my best' produced the nomination papers from his drawer?!"
The Faculty administration transferred eight students involved in Islamic activism for investigation at the beginning of the election process in order to prevent them from being able to fulfil the condition for nomination which stipulates which the student must not have been subject to disciplinary sanctions.
Dar el-Aloum Faculty (of the Arabic language)
For the first time in twenty years the Faculty's student body unanimously decided to boycott the nomination and election process in protest at the blatant interference of security bodies in elections held in the previous three years. Only eight students nominated themselves in defiance of the boycott led by Islamists who had legally led the union continuously for the previous eighteen years. However even these eight candidates were crossed off the list and prevented from issuing campaign propaganda. Union positions were filled with students handpicked because of their good relations with the security forces and Faculty administration.
The Faculty of Education of the Fayyoum branch of Cairo University
A series of violations and abuses of procedures occurred in the Fayyoum Branch generally but were particularly pronounced in the Faculty of Education where fair and open elections are prevented from taking place. Security forces detained the following twelve student activists in order to prevent them from participating in the election process either directly by standing for nomination or supporting others:
1. Mohamed Abdel Aziz Sayyed
2. Ibrahim Abdel Razeq Ali
3. Mohamed Sayyed Abdel Azeem
4. Diaa Eddin Ragab
5. Abdel Rahman Kalib
6. Abdel Rahman Abdel Samih
7. Sobhy Badway
8. Gumaa Mohamed Ahmed
9. Mohamed Fouad Abdel Aal
10. Mahmoud Abdallah Ali
11. Ahmed Awis Shaban
12. Hamada Biltagy Salah
The decision to detain students was taken on the 8th December 2003 and they were sent to Tora Prison.
Menoufiyya University
Faculty of Engineering
Twenty students were subjected to investigations and consequently banned from involvement in student activity including elections. A further twelve students were expelled on a charge of nominating themselves for election. The Faculty administration crossed off the names of 230 out of a total of 280 nominees after they were investigated for their ideological beliefs. The number of the remaining students was less than that required to fill union posts; a total of sixty students representing six committees distributed over five disciplines is required.
The Assiut branch of Al Azhar University
State Security Investigations forces instructed the University's administration to expel twenty students in order to prevent them from exercising the most basic of their student rights such as the right to live in student halls and participate in student elections. A further twelve students were expelled on a charge of nominating themselves for election when they had been banned from participating in student activity.
In reaction the students organised a meeting exposing the farce of the elections where nominations in some faculties begun only at 1 p.m. or did not begin at all. Unions were filled with supporters of the security forces. Many nomination requirements such as personal photos and ID cards which were imposed as restrictive obstacles were undermined in the process of nominating students who collaborate with the security forces.
The meeting developed into a demonstration within the confines of the University and then into a meeting held in the Faculty of Pharmacy where several speeches against the University administration and against security force interference were made. Several sketches parodying this interference were acted out.
During the course of the meeting a member of the security forces followed a student and took his university ID card from him prompting the students to again congregate. Fights broke out between the students and university security guards and the students then staged a protest in the main street leading to the University, blocking traffic. The crowd did not disperse until the student's university ID card had been returned to him.
University of Alexandria
The state of affairs in Alexandria University with regard to security interference in elections does not differ from the general situation in Egypt. Forty five student members of the Muslim Brotherhood sought recourse to the Administrative Court in order to fight for the inclusion of their names on the nominations list. They were all summoned to meet Major Tareq Fawzy in the State Security Investigation headquarters in order to force them to drop the case. Matters reached the point where the father of a student in the Faculty of Agriculture, Mohamed al-Gazem, was forcibly led to the headquarters instead of his son and forced to sign a document stating that the case would
be dropped.
The administrative judiciary found in the favour of forty four students. The University was suspicious of the verdict setting a bad example of manipulation of judicial verdicts and lack of confidence in authority, especially since the Head Dr Mohamed Abdallah and Deputy Head of the University Dr Okasht Abdel Aal are two of the most prominent jurists in Alexandria.
Three outstanding students (Khadiga Mohamed Ibrahim, Abdel Rahman Hany and Masab Abdel Rahman) from the Faculty of Engineering have been sent for disciplinary action. It was expected that the verdict against them would be released at the same time the verdict in the elections case was issued.
Chapter 10
The right to form political parties, associations and trade unions
Despite civil society institutions being the main artery of political participation they are severely restricted by the Egyptian Government. Under this legislation the right to form political parties, associations and trade unions is curbed - in violation of the Egyptian Constitution and international human rights treaties ratified by Egypt.
Political parties
Law 40 [1977] as amended by Law 108 [1992] and the Committee for Political Party Affairs attached to it represent a principle obstacle to the practical enjoyment of the right to form political parties in Egypt. The Committee, which is responsible for approving or rejecting the formation of political parties renders the principle of political party plurality enshrined in the Constitution a distant ideal. Its members consist of the Head of the Shura Council, the Justice and Interior Ministers, the Minister of State for People's Council Affairs and three former members of judicial organs not affiliated with, or members of, any political party. Committee decisions are taken by majority vote and require the agreement of the three Ministers. The presence of the three non partisan members is not mandatory.
No changes occurred in 2003 in the Committee's policy of refusing all registration requests submitted by new political parties. Since its formation the Committee has refused the formation of sixty-three parties.
EOHR calls for the amendment of Law 40 so that new political parties are required only to give notice of their formation rather than seek the approval of the Committee for Political Party Affairs which itself, along with the Political Parties Court must be abolished and the latter's jurisdiction returned to the Council of State.
NGOs
Law 84 [2002] is a major obstacle to the work of non-governmental organisations and impedes the development of Egyptian civil society. Under the Law administrative authorities supervise and interfere in NGOs' work by judging the extent to which they fulfil the conditions attached to the founding of an NGO, by investigating the NGO's aims and membership conditions and the regulations governing its administrative board and budget, the extent to which it remains within the sphere of its activities and the way in which it uses its funds.
Trade unions
Law 100 [1993] on Democratic Guarantees for Trade Unions as amended by Law 5 [1995] is a principle obstacle to trade union activity in Egypt. It has had the effect of suspending administrative board elections in the case of many unions. This legislation must be repealed in order to ensure that free and fair elections take place. A number of trade unions were placed under state control in 2003.
In addition to legal restrictions civil society institutions were also the victims of numerous other violations in 2003 which are described below.
a. Political parties
There exist seventeen political parties in Egypt. Ten of these were founded pursuant to a court judgment, three were already in existence when the 1977 Law was passed and four were founded after receiving the consent of the Committee for Political Party Affairs.
Organisational and structural weakness is a common feature of Egyptian political parties which place scant importance on the development of their staff and leaders. This is attributable to the fact that the political party pluralism experiment which began in 1977 is still in its infancy and is also due to the inexperience of certain political parties which have recently appeared on the political scene. A further factor is the political environment in which political parties operate and the restrictions imposed on them the most pressing of which are:
1. The environment created by Law 40 [1977] which prevents political parties from operating freely.
2. The Committee for Political Party Affairs. On the 6th February 2003 the Committee refused the formation of the Egyptian Youth Party led by Ahmed Abdel Hady. On the 19th November 2003 it opposed the founding of the Social Constitutional Party led by Mamdouh Mohamed el-Qenawy while on the 15th November 2003 it issued a decision refusing the founding of the Liberal Social Democratic Egyptian Tomorrow Party (al-Ghad al-Masry) led by Dr Ayman Nour.
EOHR monitored the following violations in 2003:
Misr Arab Socialist Party
Misr Arab Socialist Party's crisis has continued unabated since the Committee for Political Party Affairs froze its activities on the 29th October 2001 until the Party's leadership struggle is settled, amicably or in court. Each time that the dispute looks close to being resolved new contenders appear reigniting a new and the party remains at a standstill. The Administrative Judiciary Court issued a verdict annulling the decision to freeze the Party's affairs stating that a decision to freeze a party's activities on the basis of internal squabbling runs counter to the previous decision issued in 2001 which froze the Party because of the conflict between the late Gamal Rabea and Waheed el Aqusary.
Al-Ahrar
The Committee continues to ignore Al-Ahrar's leadership problem. It has done nothing to restore internal stability and solve the Party's leadership problem since the death of previous leader Moustafa Kamel Murad five years ago.
The Labour Party
The Labour Party crisis created by the 2000 Committee decision to freeze its activities and suspend the publication of its paper the People remains ongoing despite the issuing of thirteen court verdicts ordering that the Party be allowed to function and issue its newspaper. It should be noted that in a verdict issued on the 4th January 2003 the Council of State's Supreme Administrative Court stated that the Committee for Political Party Affairs does not have the right to intervene in political parties' internal affairs and therefore does not have the jurisdiction to involve itself in leadership disputes or conference matters. The Court also made clear that the Committee does not have the right to back a leadership contender or freeze a party's activities on the pretext that there is a leadership dispute within the party's ranks because this civil dispute is the exclusive domain of the judiciary.
The question of the suspension of the People was transferred to the Political Parties Court, a body composed of judicial elements and chosen by the Ministry of Justice. The case is still being heard by the Court
The Committee of Political Party Affairs' decision to suspend the People is a violation of Article 48 and 208 of the Egyptian Constitution which interdict administrative suspension and banning of newspapers. It also contravenes the Journalism Law.
The National Unity Party
On the 18th September 2003 the Administrative Judiciary Court issued a final verdict allowing the National Unity Party to resume its activities. It also confirmed Ahmed Shahib as its leader and granted permission for the re-issuing of the Decision, the Party newspaper. It refused the appeal presented by the Head of the Committee for Political Party Affairs against the Court verdict.
The Social Justice Party
On the 3rd June 2003 the Committee for Political Party Affairs froze the Social Justice Party's activities and suspended publication of its newspaper Arab Homeland. It refused to acknowledge the competitors in the Party's leadership dispute, Zakaya al-Sayed, Abdel Hay Khalaf, Mamdouh Fahmy al-Baroudy and Ibrahim al-Sherif. The dispute, which was occasioned by the former leader receiving a ten year prison sentence, was eventually decided in court.
The activities of a total of seven parties are currently frozen; the Labour Party, al-Ahrar, Young Egypt, the Democratic People, National Unity, Socialist Arab Egypt and Social Justice.
3. The gap between party politics and the main concerns of ordinary citizens - their mounting social and economic problems. Traditional clan loyalties and the extent to which they influence voting is an additional problem, as is Egyptian citizens' apathy towards political participation and the bias of administrative bodies. This collectively creates a crisis and impasse in political party pluralism.
These restrictions have resulted in other problems including:
1. An imbalance between the ruling NDP - an enormous party - and other small parties. The NDP remains the ruling party in Egypt while other parties serve decorative purposes only. Kept outside the sphere of power, there is no actual or future possibility of their being able to gain or compete for power. Furthermore they lack the means to act as a check on the Government or hold it to account.
2. The similarity of Egyptian political parties' manifestos renders them interchangeable and indistinguishable. All parties agree on a bundle of common policies, differing only in the details or in secondary policies.
3. The absence of sound democratic practice within parties. Decision making is monopolised by the party leader and a limited number of elite party members. There is without a doubt a direct link between the fragility of democracy within the political system as a whole and the collapse of democracy within political parties.
b. NGOs
There are a considerable number of NGOs in Egypt and their number has increased dramatically over the years. In 1978 there were 8,040 NGOs. This increased to11, 471 in 1985, to 14,162 in 1994 and currently stands at 16,600. This provides evidence of a need in Egyptian society for such groups. The scope of NGOs' activities and areas of concern has widened from charity and aid work to encompass human rights, women's rights and environmental concerns. A changed role for citizens and society as a whole is an inseparable part of the pursuit of these issues which seek to impose shared values of transparency and acceptance of others. NGOs' contact with, and understanding of, marginalised and poor sections of society set them apart from other civil society groups.
Factors impeding NGO work in Egypt
1. The absence of democracy, a one-party system and restrictions placed on political parties are all obstacles preventing political parties from playing their true role. The strength of civil society and NGO activity is contingent on the existence of democracy. It should be noted that Arab regimes are apprehensive of NGO activity and its sources of funding; certain regimes regard NGOs as a cover for extremism, others as encouraging deviant thought. Still others consider NGO activity a threat to political stability and the regimes themselves.
2. The restrictive legal environment in which NGOs work. All Arab constitutions enshrine the freedom to form associations and the right to peaceful assembly for legitimate aims, in conformity with international instruments. However, the treatment of NGOs under legislation concerned with these rights is entirely at odds with international standards and national constitutions. Domestic legislation is predicated on restricting the formation of associations. Where the right is granted it is severely circumscribed, wide powers of control being given to authorities. In addition the state limits and defines the fields in which NGOs operate as a consequence of which they must conform with the government's conception of the activities which NGOs should be pursuing.
Article 55 of the Egyptian Constitution provides:
Citizens shall have the right to form societies as defined in the law. The establishment of societies whose activities are hostile to the social system, clandestine or have a military character is prohibited.
Despite this provision the Egyptian Government restricts NGOs through various laws regulating their activities. Law 32 [1964] is perhaps the most notorious of these laws, the severe restrictions which it imposes making it the target of sharp criticism. When the authorities began considering replacement draft laws for Law 32 civil society activists, and in particular those working in human rights succeeded in initiating a dialogue on the Law which pushed the Government into including the leaders of some of these groups on the draft law committee.
With the promulgation of Law 153 [1999] the Government once again made clear its refusal to release its firm grip on NGO activity and its complete disregard for the views of civil society activists. Law 153 floundered less than a year after its promulgation when the Supreme Constitutional Court issued a judgment on the 3rd June 2000 declaring it unconstitutional. The speed with which the Law was rushed through the People's Assembly because of the authorities' desire to avoid discussion or raise controversy ultimately led to the legislation falling into procedural error and its being declared unconstitutional. This reflects the haphazard manner in which the Government operates.
Under Law 84 [2002] the power to supervise and define the scope of permissible NGO activity remains with the authorities. Opponents of the Law are sharply divided with the authorities over their opinions of Article 42 of the Law which grants the authorities the power to dissolve NGOs and Article 2 which describes the Administrative Judiciary's jurisdiction with regard to the examination of disputes within NGOs. Under the Law the authorities interfere in an NGO's activities from its very inception. The authorities scrutinise the extent to which an NGO's proposed activities are in conformity with the regulations governing the founding of an NGO, the purpose for which it has been founded, membership rules and administrative board election procedures. Authorities have the power to supervise an NGO's activities and its budget; they examine the extent to which it remains within the sphere of its activities and the way in which it uses its funds and they ultimately have the power to dissolve an NGO.
The Law's provisions are an expression of the state's strategy of pragmatic inclusion, a policy pursued since the 1950s. The Law gives dispensations to 99% of NGOs (some 16,600) working in social assistance or local development while treating advocacy groups, particularly those campaigning for human rights, very differently. Despite the fine distinction between development and political activities the disparity between the priorities of civil society groups and those of the Government lead to numerous restrictions on the activities of certain NGOs
3. Under funding of NGOs. While prohibiting NGOs from receiving funds from abroad the Government does nothing to solve the funding problems which many NGOs experience. Some groups have not received aid or funding from the authorities for several years. Access to the fund created to support NGOs is dependent on the relationship between the NGO and Ministry officials.
4. The Government's schismatic approach to NGO work. International interest, particularly that of United Nations organs and the success of partnerships between international funding bodies and local organisations in realising development goals and filling the gap left by the Government has made the Egyptian authorities take a greater interest in NGOs and has perhaps provided an impetus for their own founding of a number of associations. Government support is however apportioned selectively to groups whose agenda is in line with government policies or which complement its role. Such groups include the Productive Family in Egypt project which has received heavy funding from the Social Fund for Development and other groups concerned with child, motherhood and family issues. In contrast, groups of a political nature are hemmed in and subject to violent attack. While civil society activity in Egypt is placed in the dock, no distinction between political and non-political NGO activity is made in western countries. The British Labour Party, for example, is an extension of a grassroots group comprising moderate socialist elements which developed following the growth of industry and the mobilisation of the working class. Here civil society work is not confined to social and cultural spheres but rather extends to politics as well.
Below are listed groups which have been granted official registration by the Ministry of Social Affairs, groups which have been refused this registration and finally groups which have been dissolved.
1. Groups registered in 2003 under Law 84 [2002]
The Egyptian Organization for Human Rights
EOHR finally received official registration on the 24th June 2003 after a long battle with the authorities who for some 18 years refused to register it because of their opposition to EOHR's activities.
Official recognition of EOHR by the Egyptian authorities thus lagged behind the recognition extended to it by groups, associations and individuals both domestically and internationally. EOHR first began its activities in 1985 as a branch of the Arab Organization for Human Rights. The registration application it submitted in 1987 under Law 32 [1964] was refused prompting EOHR to seek recourse to the Administrative Judiciary which supported the decision to refuse the application. In 1992 the case was appealed before the Supreme Administrative Court where it remained until 2000 when Law 153 [1999] was issued. EOHR presented a new registration request the consideration of which the authorities decided to postpone following a demand made by security bodies - and which ultimately amounted to a refusal of the request. EOHR challenged the decision in the Administrative Judiciary Court which on the 1st July 2001 ruled that EOHR be granted official registration. The authorities refused to implement this verdict until Law 84 on Associations [2002] was issued. EOHR submitted a new registration request on the basis of the verdict issued in its favour and eventually received official registration.
The Association for the Support of Single Mothers and Prisoners' Families
Based in Giza, the Association was officially registered on the 6th September 2003. It is concerned with prisoner and family welfare issues.
The Humane Organization of Peoples of the United Nations (Giza branch)
Registered on the 17th September 2003 the Organization's concerns are human rights and friendship between peoples.
Plan International Egypt
Plan International Egypt was registered on the 17th September 2003 and works towards the elimination of financial obstacles facing children and their families in matters pertaining to education, health and the environment. It also campaigns for greater assistance to poor families. It plans to pursue its activities for a period of three years.
The Arab Programme for Human Rights Activists
An awareness raising organisation which also provides free legal support for human rights activists who fall victim to human rights violations, APHRA holds training sessions, conferences and human rights workshops and monitors violations of the rights of human rights activists. It also works for the development of communication mechanisms, cooperation and the exchange of information and experience between human rights activists and organisations as well as encouraging civil society cooperation in order to foster a culture of human rights.
The Egyptian Association for Equality and Non-Discrimination
A human rights organisation registered on the 23rd September 2003.
The Human Rights Center for the Assistance of Prisoners
An advocacy organisation registered on the14th July 2003.
The Association for Social and Legal Services
Both the Association's headquarters and Kafr al-Sheikh branch were registered on the 18th November 2003. The Association provides social services and assistance, raises awareness of human and constitutional rights and is concerned with cultural educational, health and human rights matters.
2. Groups refused official registration by the Ministry of Social Affairs in 2003
The Land Center for Human Rights
The Center presented a request for registration to the Giza Office for Social Affairs on the 12th April 2003. Center employees were surprised to receive a letter from the Office informing them that security bodies had refused the application. The Center's founders brought a case before the Administrative Judiciary Court to challenge this decision on the 11th January 2004. On the 8th February 2004 the Court accepted the case and ordered that it be transferred to a Committee for them to prepare a report and give their legal opinion on the case.
The Egyptian Center for Housing Rights (EOHR)
EOHR presented its registration request to the Abdeen Social Affairs Office on the 14th May 2003. Sixteen days later EOHR founder members went to the Abdeen Office in order to collect the registration number but were informed that registration procedures were still not complete. In response EOHR raised a case against the decision.
On the 3rd September 2003 EOHR received a letter from the Abdeen Office informing them that their registration request had been rejected on the basis of Article 11 of Law 84 [2002]. EOHR raised another case seeking the annulment of this decision which is still being heard in court.
The South Center for Development and Human Rights
A representative of the group of founder members of the South Center submitted a registration request on the 14th June 2003. Its application satisfied all the legal requirements but was refused by the Giza Social Affairs Office of Article 11 of Law 84 [2002] on the basis of the Center's field of activities, prohibited under the law despite the fact that the Center's basic activity is human rights and the development of local communities. The Center in response brought a case before the Administrative Judiciary Court in order to force the authorities to implement the law and officially register the Center. The case is still being heard.
The Egyptian Association Against Torture (EAAT)
EAAT applied for registration on the 13th June 2003. Despite the application fulfilling all the relevant legal requirements it was nonetheless refused by the Abdeen Social Affairs Office on the 18th August 2003. In a letter addressed to EAAT the Office stated "we are sorry to have to return to you five files concerned with the Egyptian Association Against Torture. Some of the objectives listed under the Association's implementing statute contravene Law 84 [2002]." Three days later EAAT received a second letter in which EAAT members were requested to go to the Abdeen Office in order to amend provisions of the implementing statute which were regarded as contravening Law 84 - but without stating exactly which provisions they were referring to. EAAT officials addressed a letter the Abdeen Office requesting that they identify the offending provisions in accordance with Article 8 of Law 84 which states: "Where the administrative authorities find grounds for objecting to the registration of an association it shall send a registered letter [to the association] explaining the grounds for this objection in order to enable the association to consider the issue."
The New Woman Institute
The New Woman Institute sent a complete application for official registration to the Giza Social Affairs Office on the 6th April 2004. On the 8th June 2003 the Office sent a letter to the Institute informing them that their application had not been approved by the security bodies.
The Institute raised a case to overturn two decisions; the first was concerned with the rejection of its registration request and the second with the security bodies' objection to the application. On the 26th October 2003 the court began considering the appeal.
Objection to names nominated for membership of the administrative board of the Islamic Medical Association
The Islamic Medical Board has been officially registered in the Ministry of Social Affairs since 1977 and according to Law 84 [2003]. In accordance with the Association's implementing statute the administrative board held its first annual general meeting on the 6th June 2003. The meeting's agenda was scheduled to include the election of a new administrative board, but on the 14th May 2003 the South Cairo Social Affairs Office objected to all the candidates listed for nomination without providing a reason in justification of this objection. Association officials raised a case to overturn this decision.
The Shari'a Association in Berket al-Sabaa
A large group of security force officers broke into the Association's headquarters on the 28th September 2003 accompanied by a new administrative board to replace the elected members of the board. The new administrative board was composed of individuals who were neither resident in Berket al-Sabaa nor members of the Association's general assembly. When the administrative board refused to surrender the headquarters security forces rushed into the building and confiscated seals and documents.
The abolished administrative board raised a case against the Governorate of Menoufiyya and the representative of the Ministry of Social Affairs in Menoufiyya in which it called for the decision to dissolve the administrative board to be declared void. The case is still being heard.
The Charity Association for Integrated Services in Burg El Burullos
The Social Affairs Office in Kafr el Shaikh refused to register The Charity Association for Integrated Services in Burg El Burullos on the 16th August 2003.
The Lawyers' Association for the Protection of Human Rights and Advocacy Assistance
The Social Affairs Office in Qena refused to register the Association officially on the 29th October 2003.
3. NGOs dissolved by the Ministry of Social Affairs
On the 22nd July 2003 the Associations Department of the Giza Social Affairs Office abolished the Egyptian Association for Hosting Small Projects according to Law 84 [2002] and Implementing Statute no. 178 [2002].
On the 20th September 2003 the Associations and Unions Department of the Kafr al-Shaikh Social Affairs Office dissolved the Charitable Association for the Assistance of Fishermen.
On the 21st September 2003 Mohamed Abdel Latif Uthman, an official from the Cairo Social Affairs Office issued a decree dissolving the Residents' Association for Social Assistance registered in 2001 with the Roud al-Farag Social Affairs Division. The decree was taken on the basis of a voluntary decision made during an extraordinary meeting of the General Board to dissolve the Association (because of its inability to fulfil its goals) and transfer its funds to the NGO Support Fund.
On the 21st September 2003 Uthman ordered the closure of Bara'em Masr Christian Association according to the decision taken by the General Board which decided to dissolve the Association because of its inability to fulfil its goals and to transfer its funds to the NGO's Support Fund.
c. Trade unions
A number of international instruments such as the Universal Declaration of Human Rights, the ICCPR and the ICESCR support trade union freedom. Many of these treaties have been ratified by the Egyptian government and incorporated into Egyptian legislation. Article 56 of the Egyptian Constitution provides for the right to form trade unions on a democratic basis. Despite this, Egyptian trade unions have experienced countless obstacles for a number of years. Perhaps the most serious of these is the placing of unions under state control and the lack of regular trade union elections which are supposed to be held every four years.
Placing trade unions under state control has marginalised trade unions and prevents them from fulfilling their role as one of the pivots of civil society. Rather, they are in the clutches of the executive.
Law 100 [1993] on Democratic Guarantees for Trade Unions as amended by Law 5 [1995] is one of the principle obstacles confronting trade unions. It has interrupted the normal functioning of legal mechanisms for the change of trade unions' boards and has ultimately led to the suspension of elections in a number of unions. It is for this reason that Law 100 must be annulled in order that fair and free elections can take place.
Law 100 created much controversy in trade union and political circles when it was issued by the People's Assembly, and led to violent confrontations between them and the Government which culminated in protests in front of the People's Assembly which the Government dispersed using the security forces.
Efforts to establish this law began in 1988. The main justifications forwarded for it were the need to settle disputes within certain union organisations and control the increasing influence of the Muslim Brotherhood within them. It was also touted as a means of compelling trade unions to participate in public affairs and exercise their legal and constitutional rights - the majority of trade union members apparently failing to exercise their right to vote in union elections. However the Law contains no punitive sanctions other than freezing a union's activities.
The main shortcomings of Law 100 [1993] (whose amendment President Mubarak announced during the closing ceremony of the NDP annual conference) are the following:
1. The Law cancelled the holding of elections at fixed and regular intervals as had been the case under previous association laws. It instead made a Judicial Committee which deals with administrative affairs responsible for setting the dates of elections. The Committee is not bound by verdicts of the administrative judiciary laying down the time of elections since there does not exist a supervisory mechanism obliging it to hold elections at periodic intervals.
2. Law 100 has dispossessed trade unions of the power to choose when they hold elections, prepare candidate lists and decide what form the elections take. The transfer of this power to the Judicial Committee has resulted in the freezing of twelve unions, some for over eleven years.
The Doctors' Union for example held its last elections in 1992 and attempted to convince the Committee to invite nominations and hold elections. The sub-committee appointed to examine the candidates list and records is still performing this task. The Union of Agricultural Professions held its last elections in 1993, the Teachers' Union in 1993 and the Union of Pharmacy in 1994. Elections have also not been held in the Veterinarians', Dentists' Businessmen's and Applied Arts' (tatbiqeen) Unions despite their boards having reached the end of their term. The Committee responsible for trade unions has failed to send candidates lists and prepare for elections despite the Judicial Committee having written to it on several occasions requesting that it do so.
3. The unconstitutionality of the first and second paragraphs of the Law's second article. The article sets the quorum as half of general assembly members in elections to elect the central and branch union heads, and a third where the quorum is not reached - which contravenes articles 56 and 62 of the Constitution. This arbitrarily imposed quorum, the complete absence of any democratic guarantees and the obstacles which the Law places in front of democratic trade union organisations make a farce of the Law's name. The requirement of a quorum of half of the members of the general assembly is unique to trade unions and is not stipulated for People's Assembly, Shura Council, local assemblies or workers' union elections.
4. The unconstitutionality of article 5 of the Law which provides that "general assembly meetings for elections must not take place on Fridays or national holidays." This article prevents effective participation in elections. Compounding the effect of this is the high quorum required and delays in the election process, as well as the long period that takes the legislator to call for the next meeting. For these reasons this Law is accused of being anti-trade union.
5. The Law contravenes article 56 of the Constitution which provides:
The creation of syndicates and unions on a democratic basis is a right guaranteed by law. Unions and syndicates shall have legal personality. The law regulates the participation of syndicates and unions in carrying out social programmes and plans, in raising standards of efficiency, and in strengthening socialist values among their members and safeguarding funds. They are responsible for questioning their members about their behaviour in exercising their activities in accordance with codes of morals and for defending the members' legal rights and freedoms.
This Article emphasizes the importance of union participation in national activities to establish social plans and programmes. Article 8 of the Law provides:
Central and branch union boards and all trade union organisations are prohibited from gathering funds or accepting donations or contributions for purposes other than those for which the union is established, may not practice any activity inconsistent with these aims and may not direct its resources to purposes other than these objectives. All trade union members have the right to request that the Administrative Judiciary Court stop any activity or measure inconsistent with the provisions of this article according to the laws and regulations of the Council of State.
This article clearly restricts the role that trade unions can play in national activity and encourages trade union members to seek recourse to the judiciary, and begs the question whether trade union involvement in national activities is legal. Article 56 of the Constitution would seem to answer this question in the affirmative since it obliges trade unions to participate in national activities through their involvement in social programmes and defence of human rights and freedoms etc.
Other problems hindering trade union activity in Egypt
1. The trade union leader
The personality of the trade union leader is a crucial factor in the union's effectiveness and dynamism. Change is limited in the upper echelons of unions - the leadership of some unions has not changed in years - and is restricted to general committees.
2. Institutional union weakness
This is due to several factors which narrow down to the many divisions within union ranks. These divisions have been particularly pronounced since the mid-eighties when Islamic currents gained control of many trade union boards. Problems have emerged between the controlling Islamic bloc and its opponents in the Engineers', Lawyers' and Doctors' Union boards which exposes the absence of a fixed mechanism for peacefully settling these internal squabbles and rivalries. Influential personalities dominate union organisations to the detriment of values of partnership and coexistence.
Violations of union rights monitored by EOHR during 2003
The Engineers Union is still subject to state control following a 1995 ruling. A number of engineers have brought a case against the Elections Supervisory Committee, but so far no verdicts have been reached in these cases. The Doctors' Union is equally under state control. Formed under Law 45 [1969], the Union board holds tenure for four years and consists of a head and thirty four members half of which are re-elected every two years.
The Journalists' Union experienced a crisis which threatened its very existence in 2003. Court rulings were issued declaring the elections held in 1999 and 2001 invalid because of the union's failure to implement verdicts issued against it. These verdicts ordered it to register certain individuals despite their failure to fulfil membership conditions - in contravention of the Union's regulations. The Head of the Judicial Committee then announced that nominations would be begin for the election e 25th June 2003 election, a decision annulled by the Administrative Judiciary Court which also ordered that the Committee expel unqualified names and register the names of individuals who had launched appeals. Following that the Judicial Committee announced that elections would be postponed until it had finished revising and sorting the candidates list. In the meantime the Administrative Judiciary Court issued a verdict banning the head of the Journalists' Union from standing for election because he had already held two terms of office. This was overturned by the Supreme Administrative Court but the question was rendered mute by the union head's withdrawal from the election. The election was eventually held on the 30th July 2003 and Galal Aref elected head.
The situation is not much different in the Lawyers' Union. Internal disputes between members of the Union's board threatened to bring it under state control. The disputes began when a meeting was held to re-elect board members in the absence of the Union head. The meeting was attended by fifteen of a total of twenty four members. The head subsequently refused to acknowledge any board meeting held in his absence. Another crisis erupted when the Women's Committee held a session to elect members for its steering committee. The election results were presented to the Union head, who approved them, and to the Secretary General who refused to approve them. Fourteen members of the board in addition objected to the holding of the fourth lawyers' general conference.
The crisis intensified with the Union head cancelled the deputy head Mohamed Towsoun's signature on checks and pay orders and instead made do with the signature of deputy head Mahmoud al-Saqaa when the head was outside Egypt. The head then presented a complaint to the Attorney General requesting that he investigate forged publications and fake invoices. Despite reconciliation efforts the situation inside the Union remains tense, which has resulted in its being placed under surveillance.
Recommendations
Political parties
1. All political parties must be given complete freedom to exist regardless of their manifesto. The Committee for Party Political Affairs must be abolished.
2. All forms of collusion between state bodies and the ruling NDP must end. The right of all citizens to take part in political activity without facing any discrimination as a result of their political, or trade union activity must be protected.
3. Amendment of Law 40 [1977] on Political Parties as amended by Law 108 [1992] and the Committee formed according to it represent a major obstacle to the practical implementation of the right to form political parties in Egypt. The Committee has the power to:
Suspend the activity of any political party
Stop a party newspaper being published
Overturn any decision and stop any spending by a party according to national interests.
Prevent individuals from belonging to political parties or pursuing political activity (Law 33 [1978])
The Committee can request that the Council of State's Supreme Administrative Court dissolve the authority which receives its funds and put all its funds into liquidation (article 1.)
NGOs
1. Lifting of restrictions imposed by Law 84 [2002] on NGOs. The Law represents a new obstacle to the growth and development of civil society in Egypt. It is also a retrograde step for NGO legislation in the Arab region back to the Civil Law which used to govern community work and which was quashed by Decree 384 [1956].
2. Guaranteeing the independence of NGOs in order to create a civil society able to participate in the consolidation of democratic values and human rights in Egypt. Freedom of association must remain untouched by government interference - there is no need for the formation and registration of association to be subject to governmental interference. The judiciary must supervise any state involvement in association. The following principles enshrined in international instruments and the Egyptian Constitution must be applied:
Both individuals and groups have the right to participate in the founding of associations and the right to leave these associations whenever they want. No restrictions may be placed on the exercise of this right other than those provided for in the Constitution as required in a democratic society.
The right to form associations without prior permission is a basic right. An association is formed simply upon their founders reaching an agreement. No obstacles may be imposed to hinder the formation of associations and all procedures must be clear, simple, free and not subject to administrative discretionary powers.
The association is run according to its internal organisation. The authorities do not have the right to influence or interfere in the association's meetings, elections or activities.
Associations have the right to increase their revenue through membership fees, donations, grants and aid and may undertake fund-raising activities providing that they observe the principles of transparency and good accounting practices.
The principle of proportionality must be respected; criminal punishments may not be imposed on those carrying out civil society work. At no time may these punishments be imposed except by a fair and independent court which provides the right to a defence.
The authorities may not dissolve associations except by means of a decision issued by a specialised body or final judicial verdict issued by a fair and objective court which has provided the association with an opportunity to defend itself according to clearly stated laws.
A culture of civil society growth through the strengthening and entrenching a number of fundamental elements of such a culture must be encouraged. At the forefront of these are encouraging voluntary work, the principles of accountability and transparency as fundamental features of democratic values and wider media coverage of civil society activities. It also implies encouraging dialogue and constructive criticism and respect for the principles of freedom and respect for others.
3. Enhancing the role of NGOs by:
Lifting restrictions imposed on them by the state,
Allowing them to take a central role in democracy education and spreading of a political culture,
Ensuring respect for democratic principles within NGOs' internal administration notably through the exchange of power in leadership positions, and
Encouraging voluntary work in order that this becomes the defining feature of civil society work in Egypt.
Trade unions
1. Trade union legislation must be reviewed and Law 100 [1993] repealed. There must be no legislative interference in union matters except upon the request of the union's elected board and general assembly.
2. Trade unions must be allowed to establish national federations or confederations as provided for in article 8(1)(b) of the ICESCR.
3. The pyramid form of the union structure leads to its being dominated by single powers. This takes the form of three levels; the basic level which consists of union committees, the intermediate level which consists of public unions and the top level which is the Egyptian General Federation of Labour Unions.
4. Union membership must be increased, collective mechanisms put in place and the creation of branch unions encouraged. The latter must play a greater role in resolving society's problems. Many workers are unaware that a union exists for their profession and it is the duty of the unions to reach workers and defend their rights.
5. Creativity and new leadership must be unlocked - which requires the real application of democracy.
6. Time schedules governing the work of judicial committees responsible for supervising unions must be put in place so that elections take place on the scheduled dates and union activity is restored to normal.
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