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The situation of human rights in Egypt Annual report 2003
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Chapter 11
The rights of Egyptians abroad
Emigration has been a consistent feature of Egypt's history since the beginning of the last century. The number of emigrants increased in the 1950s, dramatically so after the 1967 war when thousands left Egypt seeking employment opportunities and better pay abroad in countries such as the United States, Canada and Australia. Another wave of emigration occurred after the 1973 war, reaching its peak in the 1970s and 1980s. In the 1990s after the Gulf War Egyptian workers were gradually able to return to oil-producing countries in the Gulf, although in fewer numbers than the 1980s. There are currently some 3.5 million Egyptians in the Gulf.
The number of Egyptians in Arab countries at the beginning of last January was 1,900,229, the majority of whom are in Saudi Arabia where 923,600 Egyptians are currently working. The table below shows the number of Egyptians working in Arab countries in 2003.
| Country |
Number of Egyptian workers |
| Saudi Arabia |
923,600 |
| Libya |
323,600 |
| Jordan |
226,850 |
| Kuwait |
190,550 |
| United Arab Emirates |
95,000 |
| Iraq |
65,629 |
| Qatar |
25,000 |
| Yemen |
22,000 |
| Oman |
15,000 |
| Bahrain |
4,000 |
| Total |
1,900,229 |
| Source: The Central Agency for Mobilisation and Statistics |
49% of Egyptian migrant workers are in Saudi Arabia. Libya and Jordan each contain 18% of the Egyptian migrant worker population while only 3% of the total number is in Iraq. It should be noted that the war in Iraq altered the geographical distribution of Egyptian migrant workers the majority of whom were formerly in Iraq.
The table below shows changes in the distribution of Egyptian migrant workers in Arab countries between 1991/1992 - 2001/2002.
| Country |
91/92 |
92/93 |
93/94 |
94/95 |
95/96 |
96/97 |
97/98 |
98/99 |
99/2000 |
99/01 |
99/02 |
| Saudi Arabia |
11.7 |
51.3 |
520.6 |
506 |
563.7 |
737.7 |
783.4 |
793.8 |
737.6 |
781.4 |
612.4 |
| Kuwait |
51 |
183.6 |
279.8 |
437.3 |
533.1 |
596.3 |
601.5 |
596.2 |
410.9 |
222.3 |
246 |
| Libya |
… |
… |
4.6 |
8.4 |
9.5 |
8.1 |
6.5 |
5.2 |
3.3 |
2.6 |
3 |
| UAE |
0.2 |
0.3 |
108.9 |
302.1 |
385.1 |
317.7 |
362.2 |
321 |
283 |
301.9 |
321.7 |
| Bahrain |
… |
… |
7.6 |
74 |
7 |
23.8 |
52.9 |
29.4 |
19.4 |
12.7 |
54.2 |
| Sudan |
… |
… |
4.2 |
5.3 |
4.6 |
7.3 |
1.7 |
2.5 |
0.8 |
1.3 |
1.5 |
| Oman |
… |
… |
11.5 |
12 |
8.9 |
14.1 |
11 |
12 |
12.1 |
11 |
11.3 |
| Qatar |
… |
1.3 |
26.5 |
63.9 |
42.9 |
65.1 |
44.7 |
48.7 |
41.7 |
44.4 |
42.2 |
| Other Arab countries |
0.1 |
… |
12.6 |
10.6 |
15.7 |
52.8 |
60.6 |
59.1 |
46.5 |
63.3 |
13.4 |
| Total |
63 |
236.4 |
976.3 |
1419.5 |
1470 |
1811.9 |
1924.5 |
1867.9 |
1555.3 |
1340.9 |
1296.7 |
| Source: The Central Egyptian Bank, unpublished data. |
The Egyptian Government has concluded bilateral treaties on Egyptian migrant workers with Jordan, Yemen, Qatar, Iraq and Greece with the dual aims of putting in place regulations on the use of the Egyptian workforce abroad and assuring that their rights are respected. The Government has also opened eleven workers' welfare offices abroad.
The rights of Egyptian migrant workers are nonetheless infringed both by Egypt and the countries in which they work, examples of which are given below.
Violations by Egypt
1. The Egyptian Constitution is absent of any provisions on the rights of Egyptians working abroad. Article 52 merely states:
Citizens shall have the right to permanent or temporary emigration. The law shall regulate this right and the measures and conditions of immigration and leaving the country.
The constitutions of many countries provide their expatriates with diplomatic protection, a right enshrined in international law. The constitutions of Poland (1995), Russia (1993), Kazakhstan (1993), and Yugoslavia (1992) all provide diplomatic protection for their citizens. Article 62 of the Turkish Constitution provides that the state must put in place measures allowing Turkish ex-patriots to exercise their right to vote while the Peruvian Constitution gives its nationals the right to obtain and renew passports.
2. The majority of Egyptian consulates and embassies are indifferent to the complaints of Egyptian migrant workers, satisfied merely to pass on the complaint to the concerned official body in the host country without conducting an independent investigation or following-up on the complaint. These slow and inefficient bureaucratic measures are unable to guarantee respect for workers' rights abroad. Many Egyptian workers do not in any case submit complaints to the host country authorities through fear that state officials will extradite them to Egypt. Where this occurs the migrant worker is unable to pursue his complaint in the host country since he is forbidden re-entry.
3. The meagre funds allotted to the emigrants' affairs section of the Ministry of Manpower (which is responsible for permanent and temporary emigration) which in 2001 stood at roughly 270,000 LE and 135,000 LE in 2003.
4. There exists no organised policy of education, training and employment for Egyptian workers abroad with the result that the Egyptian workforce, particularly in the Gulf, faces competition in labour market from other Arab and Asian countries. The situation of Egyptian workers abroad must be reviewed in the light of recent developments in the labour market in order to raise their work and technical capabilities and open new labour markets to them.
Violations by host countries
1. Egyptian migrant workers lack full legal protection in host Arab countries. This leads to their being discriminated against in terms of the treatment they receive compared with nationals of the host country. Furthermore, workers of certain nationalities are more favourably treated than others.
2. Under the sponsorship system in Gulf countries the Egyptian worker must find a national of the host country who will assume responsibility for his legal interests. Under this arrangement the sponsor takes more than half of the profits earned by the worker.
Sample cases monitored by EOHR in 2003
In all of the following cases EOHR addressed complaints to the Egyptian Foreign Ministry and the embassy of the country concerned. Unfortunately, EOHR received few responses to these complaints.
1. Kamal Dawoud Saad Ghaly
Ghaly traveled to Kuwait in order to work in the Kuwaiti Central Bank. On the 20th March 1984 he opened a bank account in the Kuwait National Bank in which he deposited 4,654 Kuwait Dinars. In 1989 he returned to Egypt on holiday and was unable to return to Kuwait. Nor was he able to gain access to his funds in the Kuwaiti National Bank.
On the 16th February 2003 EOHR sent complaints to the Foreign Ministry and the Kuwaiti Embassy in Cairo, but has not received any response.
2. Nadia Shaaban Abass
Abass moved to Jordan after marrying a Jordanian national on the 12th May 1990. She and her husband had four children. In 2000 the family went to Egypt to visit relatives and on the 3rd September Abass' husband left with the couple's daughter Zeinab and never returned. Abass later found out that her husband had returned to Jordan. She has continuously tried to obtain a divorce from her husband but without success due to his taking all of her and her children's personal documents.
On the 11th May 2003 EOHR sent complaints to the Egyptian Foreign Ministry and the Jordanian Embassy in Cairo. It has so far received no response from either.
3. Mahmoud Abdel Shafy Ahmed al-Sheikh
In 2000 Al-Sheikh traveled to Saudi Arabia in order to work in the Sara Institute in Jedda. On the 7th February 2000 he was injured at work and taken to the Salamanayya Clinic. He returned to Egypt without having received any money owed to him by the Institute.
On the 8th July 2003 EOHR wrote to officials in the public relations department of the Ministry of Manpower and Immigration but has so far received no response.
4. Eid Ibrahim Gadallah al-Tayyab
Al-Tayyab traveled to Saudi Arabia under the sponsorship of Nasser Mutaab al-Qowbaan. He remained in constant contact with his family for a year until 2001 when all communication stopped suddenly. Attempts by al-Tayyeb's family to trace him have been unsuccessful.
EOHR wrote to the Egyptian Minister of Foreign Affairs in an attempt to discover the fate of al-Tayyeb but has so far not received a response.
5. Al-Sayyed Mohamed Abdel Gawad
In 1991 Gawad travelled to Canada to work. He got married in 1993 to a Polish-Canadian dual national and acquired permanent residence status in 1994.
In 1998 the police charged him with several offences as a result of which he was detained in prison for five months during the course of investigations. On the 4th March 1999 he was sentenced to two years imprisonment and was released on the 21st March 2001 after serving his sentence.
Six months later he was again arrested on a charge of being involved with suspects in another case. He spent October 2001 - May 2002 in prison and on the 12th June 2003 was released after being found innocent of all charges.
Upon his release he was forcibly taken to the airport without being allowed to telephone his wife or children. He was divested of all his personal documents including his passport and sent to Egypt on a temporary travel document. Gawad was informed through his lawyer that the Canadian Prosecution office had demanded that he be re-tried and that he had to return to Canada.
EOHR addressed a complaint to the Canadian Embassy in Cairo on the 28th July 2003 but has received no response.
6. Ali as-Sayed Abu Zalat
Zalat began work as a doctor in King Fahd Military Hospital in Zahran, Saudi Arabia on the 11th June 1994. He continued working in Saudi Arabia under a contract which was automatically renewed. On the 25th June 2002 however his contract was terminated as from the the 2nd July 2002.
Zalat presented complaints to the Work Bureau in Dammam and various government authorities but was dismissed from his employment without receiving monetary dues owing to him.
EOHR sent complaints to the Saudi Arabian Ambassador in Cairo and the Minister of Foreign Affairs in July 2003 but received no response from either party.
7. Nadia Hassan Abeed
In 1981 Abeed traveled to Abu Dhabi to work as a nurse in the Abu Dhabi Ministry of Health. She married Mohamed Mohamed Ahmed Abu el-Ezz in the same year and they had five children. Differences emerged between them and they divorced. Abeed's ex-husband then maliciously levelled false charges against her which led to her suspension from work on the 18th April 1996.
On the 23rd March 1999 the Abu Dhabi Criminal Court cleared Abeed of all charges and she made several attempts to return to work. The Ministry of Health issued a decree guaranteeing that she would be allowed to return to work and would receive back pay for the period during which she was suspended from work. Four months later however she was summoned to a police station and deported to Egypt without being given any reason and without being able to resolve her employment problem or collect the money owed to her.
On the 16th August 2003 EOHR sent complaints to the Egyptian Ministry of Foreign Affairs and the United Arab Emirates Embassy in Cairo but has so far received no response.
8. Residents of the village of Zenara, Menoufiyya
In October 2001 twenty four Zenara village residents travelled to Libya in order to work. After hearing no news from them their families and learning that a ship carrying Egyptians had sunk while trying to illegally enter Italy they presented complaints to the authorities concerned.
On the 10th August 2003 EOHR sent a letter to the Egyptian Ministry of Foreign Affairs in order to discover the fate of the twenty four.
9. Mohamed Shabaan Murshid
Murshid is married to a Japanese national and the couple have a son who is pursuing his studies in Japan. Murshid has made numerous visits to Japan in order to visit his family. In 2003 however he was granted a tourist visa valid for 72 hours only. He accepted the visa for the sake of seeing his son but upon his arrival in Japan his passport was taken from him in the airport and he was prevented from entering Japan without being given any reason. He was detained in the airport for three days and his money was taken from him. He was only to retrieve his passport through Egyptair.
On the 16th August 2003 EOHR sent complaints to the Egyptian Ministry of Foreign Affairs and the Japanese Embassy in Cairo without receiving a response.
10. Salah Kamel Uthman al-Qady
Al-Qady traveled to Saudi Arabia in 1975 in order to take up a position as an expert with the Ministry of Work and Social Affairs. His wife Rafiqa Abdel Aziz Hamdy accompanied him and began work as a teacher in the Girls' College in Riyadh. The couple continued working in Saudi Arabia until 1995
While they were in Saudi Arabia they invested their savings with a company owned by Mohy Eddin Abdallah Helal, an Egyptian with Saudi nationality. When the couple sought to withdraw their invested funds they were refused. Al-Qady accordingly brought two cases against the company and Mohy Eddin Abdallah Helal. The court found in al-Qady's favour and ordered the company to hand over his investments to him.
However this verdict was not implemented because a royal decree was issued stating that Helal could not be imprisoned for his inability to pay the money owed by the company because of his social status.
On the 20th August 2003 EOHR sent letters to the Egyptian Ministry of Foreign Affairs and the Saudi Arabian Embassy in Cairo requesting that the complaint be investigated and that the couple receive the money owing to them. EOHR has to date received no response.
11. Mohamed Sayyed Mohamed al-Ayyat
On the 22nd December 1979 al-Ayyat found work as a car sprayer in the Philip Welsman shareholder Company in Tabouk. On the 8th November 1980 he suffered a slipped disc at work for which he was hospitalised. His injury subsequently forced him to stop work in 1982. He received no financial compensation from the company.
On the 30th August 2003 EOHR asked the Egyptian Ministry of Foreign Affairs and the Saudi Arabian Embassy in Cairo to investigate the complaint but did not receive a response from either.
12. Saber Attallah Ibrahim Attallah
Attallah traveled to Saudi Arabia to work as a plumber. He had been in constant communication with his family but this ended suddenly. His family contacted his friends and colleagues in order to discover his whereabouts but without success.
On the 2nd July 2003 the family sent a complaint to the Saudi Arabian Consulate in Cairo as did EOHR but neither the family nor EOHR has received a response.
13. Waheed Mahmoud Mohamed Suleiman
In 1999 Suleiman went to France in order to work. On the 6th May 2003 he died after jumping from the top floor of the building in an attempt to escape a fire which had started in the building. The French police conducted an investigation including an autopsy in order to determine the cause of death. The autopsy required the removal of internal organs.
On the 20th May 2003 Suleiman's corpse was taken back to Egypt for burial. The internal organs had not however been replaced.
On the 9th September 2003 EOHR wrote to the Egyptian Foreign Ministry and French Embassy in Cairo but has so far received no response.
14. Hesham Ali Mohamed Ibrahim
On the 9th September 2002 Ibrahim traveled to Japan to work as a doctor as part of a group from the Bone Injuries Department of the Faculty of Medicine, Minya University. The group was under the supervision of both Minya University and Hokkaido University, Japan.
Their stay in Japan was supposed to last from the 9th September 2002 until the 9th September 2003 but the Japanese supervisor requested that Ibrahim's stay be extended because he needed two years in order to complete his research and thesis. On the 9th July 2003 however the supervisor then sent a letter by courier in which he requested that the research be completed in a year as originally planned and that one year rather than two be allocated for the thesis. This was on the pretext that Ibrahim's children had not adjusted to life in Japan. The family were deported from the country and the administration of the school which Ibrahim's children were attending refused to provide papers proving that the children had attended school for the period they were in Japan.
On the 28th September 2003 EOHR sent letters to the Egyptian Foreign Ministry and the Japanese Embassy in Cairo requesting that they investigate the complaint. The Japanese Embassy replied on the 9th October stating that neither the Japanese Embassy nor the Japanese Government could intervene in the procedures of academic groups sent to Japan. Nor could they interfere in the administrative procedures of the hospital concerned.
15. Hany Labeeb Mohamed Ahmed Nada
In January 2003 Nada traveled to the United Arab Emirates in order to work as an information manager with the al-Gabary Group owned by Rashed al-Gabary. He was also meant to be working with al-Gabary on a plan for the creation of a company specialised in information technology. On the 17th February 2003 Nada began work with the company and an information technology centre serving all the twenty two member companies of the al-Gabary Group was set-up.
The Company, in particular its deputy director Abdel Shafy then started treating Nada badly. He was prevented from entering the Company's administrative department, his passport was taken from him and he did not receive any pay for three months.
Nada submitted a complaint to Rifaa Police Station's district attorney who informed him that he was unable to help him.
On the 28th September 2003 EOHR sent letters to the Egyptian Foreign Ministry and the United Arab Emirates Ambassador to Cairo requesting that they investigate the matter in order that Nada's passport be returned to him and he receive the money owed to him by the al-Gabary Group. EOHR has so far received no response.
16 . Salah Moustafa Shahata
Shahata traveled to Saudi Arabia in order to work as a salesman with the Abdel Aziz al-Raghy Company in Riyadh. Difference emerged between him and the Company management after which he was arrested. His wife subsequently acquired sufficient funds to pay the fine and attempted to secure his release.
On the 15th September 2003 EOHR sent letters to the Egyptian Foreign Ministry and Saudi Arabian Embassy in Cairo but has received no response to date.
17. Hassan Ali Hassan Desouqy
Desouqy traveled to Kuwait on 1st January 1994 in order to work as a steel worker on a monthly wage of 120 Dinars. His sponsor was Mohamed Abdel Karim Gayyed of the Hand in Hand Contractual Services Company.
On the 10th November 1994 Desouqy suffered spinal injuries when a chair fell on his back. Gayyed cancelled Desouqy's health insurance preventing him from filing a claim. On the 27th November Desouqy returned to Egypt without having received either his wages or monetary entitlements.
On the 9th September 2003 EOHR sent a letter to the Kuwaiti Embassy and Foreign Ministry. It received a response on the 29th November from the Consular Office for Social Affairs affiliated with the Foreign Ministry requesting that Desouqy go to the Ministry in order to collect information connected with the case collected by the Kuwait Consulate.
18. Sayyed Ahmed Abdel Nagy al-Meshd
On the 23rd May 1973 al-Meshd traveled to Saudi Arabia in order to work as n accountant. He worked in the al-Emar Company until 1986 when he was dismissed without receiving an insurance payout or the money he was owed by the Company.
Al-Meshd came to an agreement with the Swiss al-Aghoury Investment Company for the transfer of $10,000 in two transactions to the Riyadh branch of the company. The Company later went into foreclosure and al-Meshd did not receive his money.
On the 28th September 2003 EOHR sent letters to the Foreign Ministry and the Saudi Arabian Embassy in Cairo but has so far received no response.
19. Osama Hafez Mohamed al-Ghamrawy
Al-Ghamrawy married a Hungarian national on the 27th January 2002 in a civil ceremony held in Budapest. The couple had two children Khaloud, born in 2000 in Budapest and Moustafa born in Egypt in 2001. The family were based both in Egypt and Hungary.
On the 12th March 2001 al-Ghamrawy attempted to return to Hungary after spending some time in Cairo. The Hungarian Embassy prevented him from doing so for five years without any clear reason.
On the 16th October 2003 EOHR sent letters to the Egyptian Foreign Ministry and the Hungarian Embassy but did not receive a reply.
20. As-Sayyed Abdallah as-Sayyed Qandeel
In 1984 Qandeel traveled to Saudi Arabia to work as a mathematics teacher in Nagran. He remained in the post until 2002 and received several certificates recognizing his good work. Qandeel and his family (he has five children born to his Saudi Arabian wife) were permanently resident in Saudi Arabia.
In 2002 he requested that he be given a monthly pension because of his long service and wide experience. The manager reacted by ending Qandeel's contract without any justification and without paying him the money he was entitled to.
On the 14th October 2003 EOHR sent letters to the Foreign Ministry and Saudi Arabian Embassy in Cairo but without receiving any response.
21. Farhat Mohamed Salem Aboud
Aboud traveled to Kuwait to work as a driver with the al-Gisar ice company owned by Dr al-Aziz al-Gisar. While driving his truck on the Kuwaiti-Iraqi border he received a fatal gunshot wound. His family were not given the opportunity to identify the body and the management of al-Gisar did not pay the money which Aboud was entitled to.
On the 22nd October 2003 EOHR sent letters to the Egyptian Foreign Ministry and the Kuwaiti Embassy in Cairo but has not received a response.
22 . Ibrahim Basawy Ibrahim Badawy
On the 15th September 1974 Badawy took up a public relations position with the Ministry of Education in Abu Dhabi on a contract renewed at the start of each academic year. On the 12th January 1991 he was surprised by a decision not to renew the contract. He also did not receive money owed to him for the three months he worked in 1991.
On the 6th November 2003 EOHR presented complaints to the Egyptian Foreign Ministry and the United Arab Emirates Embassy in Cairo without receiving a response from either.
23. Nefissa Khalfiyya Mahmoud Darwish
Darwish married Mohamed Seif Bin Surour al-Sharqy, a United Arab Emirates national and settled in the United Arab Emirates with her husband. Difficulties emerged in the marriage prompting Darwish to return to Cairo after her husband promised her that he would accompany her. He did not do so, leaving Darwish alone. She attempted to contact him without success and so raised a case requesting a monthly maintenance payment because she did not have an income. She was unable to secure this payment because al-Sharqy subsequently died and Darwish was denied her rights as his inheritor under Shari'a law.
On the 13th Novermber 2003 EOHR sent letters to the Egyptian Foreign Ministry and the United Arab Emirates Embassy in Cairo. On the 17th November 2003 the Embassy requested that Darwish send the relevant papers in order that her inheritance claim could be pursued.
24. Radwan Ali Radwan Abu Salem
Abu Salem went to Saudi Arabia in 1983 and was contracted by the Abeer Fatahallah al-Saeed building contractors company based in Jedda to carry out work on a building belonging to Ibrahim Ashour al-Kayan. Abu Salem finished the work in six months and asked al-Saeed for the rest of the money owing to him, some 55,000 Riyals. Al-Saeed however refused to pay him the remaining amount, prompting Abu Salem to make numerous complaints to various government bodies in an attempt to obtain the money owing to him - but without success. He brought a case against the building contractors but despite the court confirming Abu Salem's right to make al-Saeed appear before the Saudi Foreign Ministry's Commerce Chamber and three hearings being held the case was postponed because of the absence of Abu Salem's legal guarantor without whom he was unable to receive his money.
On the 10th December 2003 EOHR sent complaints to the Egyptian Foreign Ministry and the Saudi Arabian Embassy in Cairo, neither of whom responded.
25. Ahmed Abdel Hamid Mohamed el-Makawy
Al-Makawy married an Algerian national who had a daughter from a previous marriage. The family lived in Paris. Differences emerged between al-Makawy and his wife and she falsely claimed that he had abused and attempted to rape her daughter. Al-Makawy was arrested and has been in prison since the 1st November 2002. The case is still being investigated. Because of the difficulty of al-Makawy contacting his family they do not know how the investigation is progressing.
On the 15th December 2003 EOHR sent letters to the Foreign Ministry, French Embassy in Cairo and human rights groups in France in order to press for a fair trial for el-Makawy.
26. Nefissa Ali Mohamed el-Nimr
El-Nimr travelled in 1967 to Kuwait with her husband Farouq el-Touny and her two sons in order to work.
She and her family owned a group of dress-making and clothes shops. Her husband also owned two shops selling ready-made clothes.
During the Iraq invasion of Kuwait el- Nimr and her family were in Egypt. They registered with the Manpower Office and obtained serial numbers for both her and her husband. After the war ended, they tried to return to Kuwait to continue their business but were unable to retrieve their personal possessions, money or documents which were all lost during the war. El-Nimr sought help from the Ministry of Manpower but did not receive any compensation because the family's names were not found on the list.
EOHR contacted the Foreign Ministry, Embassy of Kuwait and Manpower Ministry. A response was received from the Embassy of Kuwait which stated that the family's possessions are still being processed by the Public Association for Compensation Estimates of losses caused by the Iraqi Invasion.
Violations of the rights of Egyptian workers in Iraq
Egyptian migrant workers have been working in Iraq since the 1970s, their numbers increasing after the end of the Iran-Iraq War when they participated in the re-building of Iraq. Their numbers dwindled following the Iraqi attack on Kuwait in the 1990s and the US occupation of Iraq in 2003.
Egyptian workers have more than $4 billion invested in Iraq. Some sixty five thousand workers have invested more than $1 billion since the first Gulf War. This money, placed in Iraq banks immediately before the outbreak of the War has not been transferred to the Central Egyptian Bank by the Iraqi Government. The situation worsened after the United Nations decision to freeze Iraqi assets, and Egyptians have been unable to gain access to their money. Furthermore Egyptians have some two billion dollars invested in the food for oil programme.
In this section EOHR describes the various forms of violations of Egyptian workers' human rights which have occurred in Iraq before and after the Anglo-American occupation. It reveals the extent to which they are deprived of their economic and social rights through being dispossessed of their money, personal possessions and livelihoods. This is in addition to their being tortured, mistreated and deprived of the protection of the law either by Iraqi officials or the Egyptian Government.
Violations in 2003
| Name |
Source of complaint |
Background |
Violation and results |
| Khalaf Abdel Maseeh Baskhairon |
Presented to EOHR 11/8/2003 |
Baskhairon travelled to Iraq in 1975 and worked in Baghdad where he owned a restaurant and dry cleaner’s. |
After the US occupation Baskhairon was deported to Iraq, forcing him to leave behind his business interests and money. |
| Sabaey Farag Hamad |
Presented to EOHR 26/6/2003 |
Hamad worked for 13 years in Baghdad University’s Faculty of Medicine. |
After the US attack on Iraq Hamad and his family were deported from Iraq to Egypt without his being able to get the (considerable) amount of money owed to him by his employers. |
| Shadya Ahmed Mohamed |
Presented to EOHR on the 23/6/2003 |
Mohamed worked for 13 years in the Faculty of Medicine until the US invasion of Iraq. |
After the US attack on Iraq Mohamed and her family were deported from Iraq without her being able to get the (considerable) amount of money owed to her by her employers. |
| Kamel Mourad Seif |
Presented to EOHR on the 21/4/2003 |
Seif travelled to Iraq in 1988 and opened a watch repair and electrical equipment business. The business was worth some 1 million Iraqi Dinars and he paid rent on the property for 20 years. |
In 1990 the Iraqi security forces forced Seif to leave Iraq without his being able to take with him his financial revenue. He has still not retrieved this money. |
| Mohamed Samir Abdel Azim Hashem |
Presented to EOHR in 2003 |
On the 18/2/82 Hashem travelled to Basra to work as a writer in a government department. He subsequently developed an illness which presented him from working. On the 20/4/2002 was given sick leave in order to undergo surgery. His illness forced him to leave work on the 15/8/2002 |
Hashem spent 20 years in the same employment and paid money into a pension scheme. He has to date still not received any money owing to him by his former employers, including his retirement bonus and monthly pension. |
| Abdel Hamid Mansour Abu Shaker |
Sent to EOHR on the 13/10/2003 |
Abu Shaker travelled to Iraq in 1974 and opened a dry cleaner’s. During the US occupation he lost his business and returned to Egypt leaving behind all his personal possessions. |
Dispossessed of his money and personal property. |
| Taha Abdel Hamid Mansour Abu Shaker |
Presented to EOHR on the 13/10/2003 |
In 1986 Abu Shaker travelled to Iraq where he opened a dry cleaner’s and a dry cleaning equipment factory. He was forced to return to Egypt after the US occupation of Iraq on the 12/4/2003. |
Dispossessed of his money and personal property. |
| Ahmed Abu el-Magd Mohamed Khalil |
Sent to EOHR on the 8/12/2003 |
Khalil worked for 9 years in Iraq. He injured his hand while at work which resulted in 7% disability. His employers refused to pay compensation. |
Loss of financial revenues as a result of the US attack on Iraq. |
| Ikram Abdallah Ali Abu el Nour & his parents |
Sent to EOHR on the 29/8/2003 |
Abu el Nour and his family travelled to Iraq to work in agriculture pursuant to an Iraqi-Egyptian bilateral treaty signed in 1975. The Iraqi Government gave 50 feddans to Abu el Nour and 25 feddans to his father as well as providing them with a house. Subsequently a dispute developed between the family and the Iraqi Government. Abu el Nour however has documents proving his rights to the land. |
During the US attack on Iraq a soldier stormed into Abu el Nour’s home and attacked his mother, hitting her head with a gun. The American soldier of Iraqi origin took the passports and papers proving their ownership of the land and house. He also took a sum of money and proceeded to eject the family from their home. |
EOHR renews its continuing calls for:
1. The formation of a national council responsible for emigration matters and Egyptians abroad in order to create a defined policy capable of realising specific objectives.
2. Respect for the fundamental human rights of all emigrants, including those who have been forced to settle in other countries illegally. EOHR calls for all countries to review its legislation and bring it in line with international standards, and, most importantly ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families , the ICESCR, ICCPR and the CAT.
3. Annulment of the sponsor system operating in Gulf states and creation of regional offices responsible for protecting the human rights of Egyptian workers.
Criticisms of the sponsor system
a) The responsibility of the sponsor towards the government and the worker is ambiguous. In the majority of cases the sponsor signs on behalf of the worker in exchange for a sum of money whose amount the sponsor decides. The sponsor keeps in his possession the worker's passport and other related travel documents, placing crippling restriction on the worker's ability to travel inside or outside the host country or seek alternative employment without the sponsor's agreement.
b) The sponsor system is considered a form of slavery as defined by international treaties such as the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery which entered into force in 1957. Article 1(b) of the Convention states that slavery includes:
Serfdom, that is to say, the condition or status of a tenant who is by law, custom or agreement bound to live and labour on land belonging to another person and to render some determinate service to such other person, whether for reward or not, and is not free to change his status.
c) The sponsor system operating in Gulf states makes Egyptian workers the victims of forced labour in contravention of both Article 4 of the Universal Declaration of Human Rights which states "no one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms" and Article 8 of the ICCPR which prohibits slavery and forced or compulsory labour. Agreement no. 6 on Arab Standards of Labour [1976] which is concerned with forced labour provides that:
Arab domestic legislation concerned with labour must guarantee freedom of work, prohibit forced labour and grant individuals freedom in choosing and changing employment. Domestic legislation will be concerned with creating the conditions necessary for the enjoyment of this right.
The imposition of forced labour on foreigners is a violation of international labour conventions, specifically the 1932 Convention Concerning Forced or Compulsory Labour (ILO no. 29) which prohibits forced labour and defines it as:
all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. (Article 2(1))
Article 1(b) of the 1959 Abolition of Forced Labour Convention (ILO no. 105) prohibits forced labour used as a method of mobilising and using labour for purposes of economic development.
d) The sponsor system is directly responsible for migrant workers' loss of their economic rights and end of service bonuses. This is a flagrant violation of international labour standards on the wage rights of foreign workers and non-discrimination between them and nationals of the host country. Employers in Gulf countries appropriate payments owed to Egyptian workers and freeze money transfers to Egypt. This loss of their savings has serious economic, social and personal repercussions for Egyptian workers.
It should be remembered that the rights of foreign workers are guaranteed by Convention 19 [1925] and Convention 48 [1953] on the Rights of Migrant Workers as amended by Convention 157 [1982]. This does not however prevent host countries from making legislative changes designed to protect their own interests as it is the national interest which permits them to do so. It now remains for these countries to compensate foreign workers and reaffirm their rights even where these countries refuse to compensate their own citizens for violations of their rights.
The sponsor system furthermore allows employers in Gulf countries to detain Egyptian workers and restrict their freedom of travel and movement, by allowing them to confiscate the passports of the workers they sponsor - a flagrant violation of international treaties which interdict the imposition of restrictions on individuals' freedom of movement.
4. The opening of channels of dialogue between host country officials and migrant workers and human rights groups. Permission must be given to human rights groups to dispatch fact-finding missions to host countries.
5. Unification of laws and decisions concerned with the migration of Egyptian workers abroad and cooperation between alliances formed to protect their interests.
6. The Arab League must prepare an Arab Convention on the protection of the rights of Arab migrant workers and their families obliging Arab governments to conclude bilateral and multilateral treaties which will protect the rights of migrant workers and criminalize mass expulsion.
7. Host countries must:
a) Guarantee migrant workers' freedom of movement and take the measures necessary to guarantee economic and social equality between migrant workers regardless of their nationality.
b) Take the necessary legislative measures to criminalize racist propaganda and incitement of hatred of foreigners.
Chapter 12
Discrimination against women
2003 witnessed important developments in some of the most important issues affecting women in Egypt. For many years these issues posed serious social problems which society was reluctant to discuss. Some of these issues were resolved in favour of women, other issues remain undecided. Some of the most important advances made in 2003 include:
1. Appointment of the first female judge Tahany al-Gabaly, a lawyer and human rights activist. She is the first woman to occupy a judicial position in Egypt and the first Arab woman to become a member of the constitutional judiciary, the summit of the Egyptian judiciary career ladder. Egyptian women were long denied such a post despite the Constitution guaranteeing sexual equality and prohibiting any legal or institutional restrictions. Despite this Egyptian women must still obtain a decree before being appointed because of the absence of legislation explicitly concerned with the appointment of women to judicial posts.
2. A decree granting Egyptian nationality to the children of Egyptian women married to foreigners - a long fought for right. The Interior Minister's right to award Egyptian nationality to whoever is entitled to it (according to specific criteria) has now been brought into effect. Hundreds of children born to Egyptian mothers and foreign fathers obtained nationality in 2003 as a result. This important development must however be accompanied by a Government announcement that it intends to embody this right in a new law. Such a draft law was scheduled for discussion in early 2004.
3. A draft law on the formation of a family court concerned with personal matters such as divorce, maintenance payments and parentage claims - the latter which create major problems for wives where their husbands abandon or divorce them. The explanatory note accompanying the draft law stated that "the aim of the law is to put an end to the delay in verdicts in personal matters cases which can sometimes last years." The draft law provides for the establishment of district Family Courts and appeal courts to examine cases referred by the family courts. The draft law makes the Family Court responsible for all matters pertaining to family law issues. According to the draft law, family courts will deal with all family cases. The Law will supplement Law 1 [2000] whose most important feature is that it envisages the creation of such a Family Court presided over by specialised judges and a prosecution office responsible for preparing cases and overseeing reconciliation attempts. The Court will have an independent and separate location from other courts because of its distinct character.
The draft law provides for the provision of a maintenance allowance paid into a bank until a verdict is reached in the case. Its establishment of first instance and appeal courts abolishes summary and cassation courts. The draft law also gives a new role to the prosecution office by allowing it to participate in reconciliation attempts with spouses in the fifteen days following the presentation of a divorce claim. This period can be extended as long as the couple agree, and a religious cleric assists the prosecution office in its attempt to reconcile the couple.
The establishment of such a court would practically implement the Convention on the Rights of the Child to which Egypt is a Party by sheltering children from the arduous court process involved when parents divorce or a mother raises a case and is obliged to bring her children with her to court. Such proceedings, which can involve violent disputes between parents, are extremely distressing for children.
Despite a perceptible improvement in women's rights during the course of 2003 there nonetheless remain problems:
1. A new divorce contract has been introduced which allows women to stipulate conditions such as the right to education, work, travel abroad and obtain a divorce. However in its practical application the law accompanying this contract has revealed several problems perhaps the most serious of which are the length of time women must wait before they obtain a verdict in maintenance and divorce cases, and the delay before verdicts are implemented. In addition studies have shown that 25% of divorced women receive maintenance payments of less than 100 LE per month while 22% obtain between 100 and 200 LE per month.
2. Despite the fact that Egypt was one of the first developing countries to give women the right to vote and stand for election (which it did so in 1956), the proportion of female representation in Parliament is still one of the lowest in the world; only 2.4% of Parliament members are female.
Female participation in Egyptian political life will only be improved by the removal of obstacles hindering the political participation of all groups in society, but in particular those confronting women. Such obstacles include:
1. Illiteracy amongst Egyptian women. An estimated 65% of women are illiterate. This accounts for the under representation of women on the electoral register and in political party membership, their apathy towards the election process and their lack of interest in nominating themselves for election.
2. The low number of female political party candidates. Despite the fact that parties across the political spectrum agree on the importance of the role of women in society, such slogans are not transformed into practical reality. This fact was demonstrated by the number of female candidates in the last People's Assembly elections.
3. The differing penalties for men and women who commit adultery. Under the Penal Code women who commit adultery commit a crime, and are liable for up to 2 years imprisonment while their male counterparts are only considered to have committed a misdemeanour punishable by a maximum of 6 months imprisonment. Similarly the penalty for husbands who kill their wives upon discovering them in the act of adultery has been reduced from life imprisonment with hard labour to seven years imprisonment. Wives however who kill their husbands in the same circumstances receive the penalty for murder - clear sexual discrimination.
4. Consolidated Labour Law no. 12 [2003] reduces the maternity leave women are entitled to. It also discriminates against women by:
" Forbidding them from working at night except if the Minister of Working Force has issued a decree permitting them to do so,
" Banning women from working in certain domains which could harm their morals or health, and;
" Giving women the right to ninety days paid maternity leave after they have completed ten months in the same post, but only allowing them to take maternity leave twice while employed in the same job.
The media overtly and implicitly perpetuates the traditional image of the woman as nothing more than a child bearer. Programmes and newspaper features aimed at women only deal with issues such as pregnancy and childcare without seeking to raise their awareness of political participation, their legal rights etc.
Egyptian women's reality in numbers
" Women represent 22% of the labour force in Egypt
" The unemployment rate amongst women stands at 24% while it is 5.9% amongst men according to statistics compiled by the Central Agency for Conscription and Statistics
" Only 15% of working women occupy senior positions
" The number of women who are breadwinners for their families stands at 19%. This figure increases to 30% in makeshift housing communities and reaches 42% in the poorest areas.
" 57.5% of women are employed in the private sector, of which 62% work in the unofficial private sector without rights or insurance. Only 12% participate in local community activity.
This report will focus on two problems facing women in Egypt; domestic violence and the nationality rights of children born to Egyptian women married to foreigners.
1. Violence against women
Egyptian women are subjected to verbal, psychological, physical and sexual violence as well as sexual harassment and economic and political discrimination. Complaints presented to EOHR by women describe their being subjected to insults, physical violence, squandering of the family income by husbands and their being forced to sign cheques and loan agreements.
A study entitled Social change and domestic violence published by the National Centre for Social and Criminal Research found that domestic violence has increased in recent years. The number of deliberate murders and fatal assaults in the home between 1985 and 2002 was 354. Of this number twenty one husbands were accused of killing their wife, fifteen sons accused of killing their mother and eight fathers accused of killing their daughter.
Violence against women cases monitored by EOHR in 2003
The cases described below are intended to give a general picture of the type of violence Egyptian women are subjected to and therefore do not go into detail.
Safaa Mohamed Ali
A police officer arrested, assaulted and insulted Ali as well as removing her clothes and veil. She suffered a nervous breakdown as a result of her treatment. EOHR sent a complaint to the Public Prosecutor.
Sabah Mohamed Helal
Officers from Shubra Police Station broke into Helal's home, attacked and insulted her and threatened that they would throw her in prison. EOHR sent a complaint to the Public Prosecutor.
Nagat Mounir Hassan
Hassan's husband assaulted and insulted her before throwing her out of the family home. She suffered a nervous breakdown as a result.
Zeinab Uthman Abdu
Abdu's husband assaulted and insulted her prompting her to file for divorce.
Negla Saber as-Sayed Mohamed
Mohamed's husband assaulted and insulted her leading to her suffering a nervous breakdown. She obtained a divorce with the help of the Women's Legal Aid Project.
Soha Hesham Nady Ahmed
Ahmed's husband beat her with a stick and insulted her leading to psychological problems and several physical injuries. She demanded a divorce.
Rabab Nagaty Moustafa Mohamed
Mohamed's husband punched and insulted her leading to psychological and physical injury. EOHR raised a divorce suit on her behalf.
Nadia Abdel Gawad
Abdel Gawad's husband violently attacked her with a thick stick. The attack proved to be fatal.
Hana Sabry Hussein Mohamed
Mohamed's husband assaulted and insulted her leading to broken bones in her hands and feet and injuries to her jaw. She suffered permanent disability in her hands and feet and lost teeth as a result.
Salwa Abdel Rahman al-Sherif
Al-Sherif's ex-husband attacked her with a knife in the street after her refusal to go back to him. She died instantly as result of the number of stab wounds she received all over her body.
Naematallah as-Sayed Ahmed
Ahmed's brothers beat her, strangled and stabbed her.
2. The right of Egyptian women's children to nationality
Despite the Egyptian Government having ratified the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) in December 1981, Egyptian legislation continues to discriminate against children born to Egyptian women married to foreigners with regard to their nationality rights. This is in violation of articles 3 and 26 of the ICCPR. Article 3 provides for sexual equality in the enjoyment of rights described in the Covenant while article 26 states:
All persons are equal before the law and are entitled without any discrimination the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
It equally contravenes Article 9 of the CEDAW which states:
1. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.
2. States Parties shall grant women equal rights with men with respect to the nationality of their children.
Egyptian nationality legislation as embodied in Law 26 [1975] disregards Egypt's international obligations by making the right to nationality a blood right which only Egyptian men can confer on their children. Article 2 of the Act gives Egyptian nationality to:
1. Whoever is born to an Egyptian father.
2. Whoever is born in Egypt to an Egyptian mother and unknown or stateless father.
3. Whoever is born in Egypt to an Egyptian mother and has not established a legal link with his father.
While granting Egyptian men married to foreigners the right to pass on their nationality, Egyptian nationality law denies the children of Egyptian women married to foreigners the same right. This distinction creates hardship for thousands of women and their children, and violates article 40 of the Egyptian Constitution which provides for equal rights and duties for men and women.
Draft amendment to Law 26
EOHR proposes that article 2(1) of Law 26 be replaced with the provision whoever is born to an Egyptian father or Egyptian mother. This amendment will give the children of Egyptian women - whether they are born in Egypt or abroad - the right to Egyptian nationality immediately and unconditionally. In doing so it ensures equality between men and women and brings Egyptian nationality legislation in line with the Constitution.
President Mubarak's demand during the National Democratic Party Annual Conference made on the 28th September 2003 that a draft law be prepared to amend nationality legislation was a welcome and important step towards implementing the text and spirit of the Egyptian Constitution. Egyptian women have an indisputable and natural right to pass on their nationality; this right is implicit in the provision on sexual equality enshrined in article 40 the Egyptian Constitution as well as being a natural right. A change in the law will end the suffering of thousands of women and their children who currently experience severe problems in residency, education and employment matters.
Some 298,000 families are expected to benefit from the change in legislation. The majority of these families have been resident in Egypt for more than 10 years. The primary beneficiaries of a change in the law will be the children of an Egyptian mother and Saudi, Yemeni or Libyan father.
Sharqiyya has the greatest number of Egyptian women married to Arab citizens or foreigners followed by Aswan. It is notable that 60% of the women married to foreigners in the last 30 years are from the countryside and poor neighbourhoods.
The granting of Egyptian nationality to the children of Egyptian women remains conditional on a decree by the Interior Minister - this right has still not been embodied in legislation. The conditions attached to the Interior Minister's decision provoke the following criticisms:
1. Egyptian women married to Palestinians are deprived of the right to pass on Egyptian nationality to their children - in violation of Constitutional provisions on the equality of citizens under the law and the CEDAW which latter clearly states in Article 9(2) that :
States Parties shall grant women equal rights with men with respect to the nationality of their children.
2. Egyptian legislation stipulates that the children of Egyptian women must fulfil a number of conditions before they can be granted Egyptian nationality. They must have lived continuously in Egypt for 10 years (certain members of the People's Assembly have asked that this be reduced to 5 years) be of good conduct and be financially self-supporting. They must not possess a handicap so that they place no burden on the state.
EOHR demands that the children of an Egyptian mother and Palestinian father be granted nationality. The Government currently refuses to do so on the grounds of a 1959 Arab League (non-binding) recommendation which states that Palestinian refugees living in Arab countries should not be given the nationality of these countries in order to protect Palestinian nationality. This recommendation was made at a time when the Palestinian presence was not acknowledged internationally. Now, after years of struggle the Palestinian identity is firmly entrenched and Palestine is an observer member of the United Nations. In international organisations both Israel and the United States now acknowledge the existence of two adjacent states, Israel and Palestine. The Arab League recommendation has thus been rendered obsolete and is unjustifiable. In addition, Egypt allows its citizens to carry dual nationality and there is therefore no reason why, if given Egyptian nationality, the children of Egyptian mothers and Palestinian fathers should have to renounce their Palestinian identity. Ambassador Mohamed Sabih, the Palestinian Permanent Delegate has also expressed his non-opposition to equality between the children of Egyptian women married to Palestinians with children born to Egyptian mothers married to nationals of other countries. The Arab League's secretariat general has demanded that the 1959 recommendation be declared obsolete and nullified.
EOHR considers certain conditions surrounding the granting of nationality somewhat arbitrary and harsh, particularly the requirement that applicants prove their financial independence. Many children of Egyptian mothers married to foreigners are in marginal employment and therefore have difficulty in establishing that they are self-supporting. Many others are forced to seek employment abroad and are therefore unable to satisfy this condition. Even where he satisfies all the conditions laid down the applicant may still be refused by the Interior Minister who is not under the obligation to provide reasons for his decision.
The requirement that the applicant not "suffer a handicap" making him a burden on the state is an inhumane condition which contravenes international human rights instruments such as Article 1 of the Declaration on the Rights of Disabled Persons and Principles 1(2), 1(4), 1(5) and 1(6) of the Principles for the Protection of Persons with Mental Illnesses and the Improvement of Mental Health Care which provides that disabled people must be treated as ordinary citizens and must not be discriminated against.
Examples of nationality cases monitored by EOHR in 2003
Howeida Abdel Razeq Abu Bakr
A divorcee with one daughter. Resident in Damietta.
Abu Bakr married Abdallah Awad Saad el-Umri, a Saudi national and the couple had one daughter born on the 10th February 1997. Abu Bakr has been permanently resident in Cairo since that date and has made repeated efforts to acquire the Egyptian nationality for her daughter - in vain.
Nawal Mohamed Mohamed Omar
A widow with six children. Resident in Shubra el-Kheima, Cairo.
Omar married Abdel Qader Ali Ghalib, a Yemeni national and the couple had six children all born in Cairo between 1973 and 1987. The children were educated in Egypt. The family had to pay for the children's education and residency and experienced difficulty in securing work permits. Applications for nationality were made for all of the children but only one has been accepted.
Mrs Abdel Ghafour as-Sayed al-Khouly
Married with four children. Resident in Qalyoubiyya.
Al-Khouly married Mohamed Abdallah Hussein al-Khouly, a Palestinian and the couple had four children born and raised in Egypt. The family were forced to pay huge amounts for the children's education because of their status as foreigners. In 1986 their mother sent a letter to the People's Assembly seeking a solution for her children's dilemma but never received a response.
Safaa Mohamed Farhat
Married with six children. Resident in Giza, Cairo.
Farhat married Ismail Abdallah, a Saudi national and the couple had six children all born in Saudi Arabia. The family have since settled in Egypt and are seeking to acquire Egyptian nationality for the children.
Samira Ayoub Abdel Halim
A widow with five children from Cairo.
Abdel Halim married Faysal Eid Zeitoun, a Palestinian national and the couple had five children all born in Palestine. The family settled in Egypt and the children have since married Egyptian nationals. They have presented requests for Egyptian nationality but have been refused because their father carries Palestinian nationality.
Gamalat Suleiman Subh
A divorcee with one son from Cairo.
Subh married Mubarak Abdallah Abeed, a Saudi national and the couple had one son born in Egypt on the 12th June 1993. They subsequently divorced and Subh returned to Saudi Arabia with her son where she experienced residency problems. She submitted numerous residency applications for her son but was refused.
Ulfat Khidry Mohamed Rabie
Married with four children. Resident in Cairo.
Rabie married Hussein Abdallah and the couple had four children all born and permanently resident in Cairo. The children suffered numerous residency and employment problems and consequently made several applications for Egyptian nationality all of which were refused.
Amal Hassan Hassan Shusha
Married with four children. Resident in Qalyoubiya.
Shusha married Assem Abdallah al-Khowaga, a Palestinian national and the couple had four children all born and permanently resident in Cairo. Despite this they have experienced problems in enrolling in school, pay exorbitant fees for their education and are deprived of health insurance.
Iman Mohamed Muawwad
Married with two children. Resident in Qalyoubiya.
Muawwad married Hassan Abdallah Hussein al-Khowaga, a Palestinian national and the couple had two children both born in Cairo and permanently resident there. The children have experienced numerous problems associated with their residency and education and have been forced to pay huge sums as a result of their status as foreigners.
Ihsan Yaqout Abbas
A widow with six children from Cairo.
Abbas married Abdallah Hussein al-Khowaga and the couple had 6 children all born in Egypt and permanently resident there. Their status as foreigners has created numerous schooling and employment problems.
Tahany Abdel Aziz Ali as-Safy
A divorcee from Cairo with one son.
As-Safy married Mohamed Nabil Darwish Sabratly, a Palestinian national in and on the 7th April 1975 the couple had a son born and educated in Egypt. The couple subsequently divorced and their son experienced numerous residency and employment difficulties.
Narimeen Abdel Hady Ismail
Married with three children. Resident in Cairo.
Ismail married Samih Mohamed Ibrahim al-Nawab, a Palestinian and the couple had three children all born, raised and educated to university level in Egypt. The children have experienced difficulties in renewing their residency permits and acquiring work permits. They are obliged to pay for their education in hard currency.
Somaya Mohamed Fahmy al-Ghazamy
Married with four children. Resident in Qalyoubiya.
Al-Ghazamy married Adnan Abdallah al-Khawaga and the couple had four children all born and permanently resident in Egypt. After numerous complaints to the Education Minister they have been exempted from paying the enormous education fees payable in hard currency.
Mona Ahmed al-Gundy
Married with two children. Resident in Cairo.
Al-Guindy married Tareq Nihad Abu el-Saoud, a Palestinian national and the couple had two children born in Cairo. They would like to acquire Egyptian nationality for the children.
Reda Abdel Magid Mahmoud
A widow from Cairo with one daughter.
Mahmoud married Samy Mohamed al-Khatib, a Palestinian national and the couple had one daughter, Yara, born in Lebanon on the 24th June 1979. In 1980 Mahmoud and her daughter returned to Cairo. Al-Khatib was later killed in the Sabra and Shatilla massacre. Yara graduated from the Faculty of Pharmacology and has experienced numerous difficulties in renewing her residency permit and acquiring a work permit.
EOHR demands that:
1. Egyptian nationality be given to the children of Egyptian women married to foreigners just as it is given to the children of Egyptian men married to foreigners in application of the principle of equality enshrined in the Egyptian Constitution.
2. New nationality legislation must stipulate that nationality is given immediately because this will facilitate marriage with foreigners. The children of Egyptian mothers must be treated as other countries treat the children of Egyptians married to foreigners who are given nationality immediately. The children of Egyptian women married to Israeli citizens must be refused nationality while the children of Egyptian women married to Palestinians must be granted citizenship. All obstacles standing in the way of Egyptian women applying for nationality for their children must be lifted, particularly onerous requirements for certain documents and papers which women living in rural and poor areas find it almost impossible to raise.
3. Egypt must withdraw its reservation against Article 2(9) of the CERW.
4. The jurisdiction to judge nationality cases must be given to the Ministry of Justice rather than the Ministry of the Interior.
5. The new Family Court Law must contain a complete amendment to the Personal Matters Law and its associated complicated procedures which increase the suffering of children and wives. A solution must also be found to the problem women face in attaining maintenance for themselves and their children where their ex-husband has left them, disappeared or refuses to pay. At present women have a remedy only if the ex-husband was a government employee. In this case the Government makes a deduction from his salary.
In addition to this the Family Court must have an independent and separate location. Children must be shielded from the court process and the police must not be involved in implementing court verdicts as far as possible. The appeals section must be in the same court complex to facilitate matters and to create a fund for immediate implementation of verdicts inside the court. Litigation inside the Family Court must be made a one instance process in order to shorten litigation. Legislation concerned with Family Court proceedings must be drawn up in such a way that it does not conflict with the Civil Proceedings Law.
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