The Egyptian Organization for Human Rights

The right to form parties, associations, and unions is considered to be one of the rights causing most concern between political groups and organizations in society, in addition to civil activists and others.
This right is directly connected to the debate on democracy in Egypt and the hegemony of the ruling party in the political and media fields.
Many put the responsibility on the state for freezing political and social life because of the legal and security obstacles imposed on practicing this right.

1. Political Parties:
The number of political parties in Egypt has reached 16 parties, of which eight acquired judicial ruling for their establishment after the Committee for Parties' Affairs rejected them.
Six of the parties were established at the beginning of the plurality experience in Egypt.
In addition, two of the parties were re-frozen by a decision from their leaders and when they returned to political life the committee opposed them, however, the higher administrative court has supported their existence.
It is worth mentioning that the committee has rejected 60 parties since its establishment.
It initially accepted three parties, which are the Arab Socialist Egypt Party, Al-Tagamuu Party, and Al-Ahrar Party.
Al-'Amal Party and Al-Umma Party were then included. As for the rest of the parties in the political arena, they were established as a result of judicial rulings.
Since 1977 until 2000, the committee has accepted two parties.
These are Al-Wefaq Al-Kawmi Party and Al-Wafd Party, which was frozen and then revived by a judicial ruling.
All other requests to the committee for establishing new parties were rejected.
EOHR sees law number 40 for the year 1977, known as the Parties' Law, and the committee, which was established by this law, as the main obstacles towards practical implementation of the right to form political parties in Egypt.
Rejection of requests to form new political parties:
The year 2002 did not witness any changes in the performance of the Committee for Political Parties' Affairs, which has continuously rejected all proposals for forming new political parties.
In 2002, the committee issued several decisions rejecting the formation of political parties.
On 20 February 2002, the committee rejected the proposal for the formation of the Egyptian Gamahir Party, which was presented by Belal Mahmoud Abul Magd.
On 26 November 2002, the committee rejected the request for forming Al Salam Egypt Party, proposed by Atef Ahmed Abdullah.
In the same session, the committee denied the formation of the Democratic Conference Party proposed by Sahar al-Sayed Muhammad.
The refusal came based on an article in the Parties' Formation Charter of 1976 stating that each forthcoming party should have a distinctive program, different from all other existing parties.
Interference in the affairs of political parties:

1. The Egypt Arab Socialist Party:
In a significant event in 2002, the Administrative Court adopted an historical stance against the Committee for Political Parties' Affairs when it ruled the end of the dispute over the leadership of the party.
This verdict was based on the fact that Gamal Rabea, one of the conflict parties, had died.
Its ruling depended on the plenipotentiary's report, which expressed a legal opinion and put responsibility on the Committee, which has entered as a party in the dispute over the leadership of the aforementioned political party.
The report also expressed dissatisfaction with the Committee's decision to freeze the party in the beginning of July 2002.
The eleven-page report criticized the performance of the Committee and said that it has crossed over its legally delegated specialization when it attempted to change the party's leadership, which is considered a violation of the right to administer political parties.
The Administrative Court confirmed the report's opinion.
Furthermore, the committee, according to the law, has intervened in an internal party affair, which is in violation of the law.

2. Al Ahrar Party:
In 2002 and following the death of the party's founder, Mustafa Kamel Mourad and during the clash of several of the party's members over the leadership of the party, the Committee for Political Parties' Affairs issued a decision in its meeting on 8 July 2002 to inform all parties involved that within 3 months the party should hold a conference to elect a leader.
Disagreement continued between the eleven disputing individuals on finding one procedure for holding elections.
Three conferences were held and three leaders were elected.
The Committee continued its disregard of the party's problem in choosing a leader, even though five years have passed since the death of the former party leader.

3. The Labor Party:
The Labor Party's crisis is still ongoing since the Committee for Political Parties' Affairs ordered on 20 May 2002 a freeze on its activities and stopped the publication of its newspaper, Al-Shaab.
The final stage of this crisis is the case currently being looked at by the Egyptian Political Parties Court, which has not given its final verdict yet.

4. The National Al-Wefak Party:
On 2 July 2002, the Administrative Court passed its verdict in canceling the decision of the Committee for Political Parties' Affairs to not infringe on any of the disputants over the leadership of the party.
The court also ordered the re- publication of the party's newspaper.

5. Al Wafd Newspaper:
The Administrative Court at the State Council ruled on 31 December 2002 to deny the complaint raised against the party by the party's member, Medhat Khafaga, who raised the case to change the regulation concerning the political system of the party.
The court established a new legal principle defining the relationship between the Committee for Political Parties' Affairs and the different political parties in Egypt.
It also determined that the committee has no right to interfere in the internal decisions of the party.
In addition, the court said that the committee has no right to comment on any of the parties' decisions.

2. Syndicates:
Concerning syndicates in Egypt, the Engineers Syndicate is still under protection in accordance to a court decisions in 1995. Guardianship was granted to include several other syndicates, such as the Lawyers Syndicate and the Medical Syndicate.
The Lawyers Syndicate was able to emerge from the judicial protection crisis and run elections to form a board for the syndicate.
However, the Medical and Engineering Syndicates are still under the protection of the court.
Protection was imposed on the Engineers Syndicate in 1995 in accordance to a court ruling because there were some violations concerning the membership of the Syndicate's board, some of which expired in 1992 and the rest in 1994.
This meant that the membership period of the board had ended and thus the elimination of all reasons that could lead to the imposition of protection.
In 2002, some members of the Syndicate filed a lawsuit to remove protection over the syndicate.
Professional Syndicates and election procedures:
There are 12 professional syndicates, whose boards' period has ended and no elections have been held to form new boards.
These include the Syndicates for Scientific Professions, Agricultural Professions, Medicine, Vets, Pharmacies, Traders, Practical Arts, Dentistry, the Qur'an learners.
Clarification is needed to know who is responsible for the suspension of elections in these syndicates, when the judicial committee supervising elections has supervised elections in eleven syndicates, including the Lawyers Syndicate.
The reason for not holding elections in the other twelve Syndicates is that the responsible committee did not send the paper work and did not prepare well for elections even though the judicial committee had notified them.
The responsible committee sent paperwork for the Engineers Syndicate and has recently sent it to the judicial committee supervising the elections.
Despite this, the elections were not held because of disagreement on how to form the syndicate's board because of the plurality of the factions represented.
EOHR sees that decisions to impose protection on professional syndicates have resulted in the delay in holding elections and marginalizing the role of syndicates as one of the foundations of the civil society in Egypt.