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    X. Egyptians' Rights Abroad


  • Part 1: Legislation, Judicial Verdicts and Procedures
  • Part 2: Human Rights violations in 2003
  • Part 3: EOHR's Fieldwork Activities
  • EOHR is concerned with the status of Egyptians abroad. Complaints about the abuse of Egyptian employees, in the Gulf States particularly, because of what is known as the 'Sponsorship System' (Kafil), are the most common amidst the many complaints received by the EOHR in this matter.
    Through its dealing with these situations, EOHR has exposed a collection of abuses of social and economic rights in addition to civil and political rights of Egyptians.

    EOHR has also revealed the absence of the anticipated steps for protection to be taken by the Egyptian government and limitation of the court justice in many of the Arab countries.
    In this report, EOHR presents a group of cases reported to the organization.
    According to the complaints, the victims have been exposed to unfair sacking, maltreatment and torture, violation of the right to movement, also the loss of their individual rights.
    During 2002, EOHR, in many cases, informed the Egyptian Foreign Ministry, and the embassies of the concerned countries.

    EOHR regrets to say that it has received only limited replies.
    Following are some of the cases reported to EOHR:

    - The Case of Citizen Ashraf Fahim Michael Boutros:
    EOHR received a complaint on 6 January 2002 stating that the aforementioned person left to work in Libya on 23 October 1994.
    He worked as a Physics teacher for a secondary school in a province between Tripoli and Benghazi until 21 August 1999 (about five years).
    When he resigned, he did not get his final service pension.
    Following Colonel Gaddafi's statement, that was published in Egyptian Newspapers, stating that all Arab employees who were working in Libya between the years of 1990 and 2000 have the right to receive their full pensions, the complainant went back to Libya to receive his pension, but for unknown reasons, his pension was not approved.
    On 7 January 2002, EOHR contacted the Egyptian Foreign Ministry and the Libyan Embassy in Egypt. Both bodies replied stating that the complainant had received all his pensions.

    - Case of Citizen Adel Abdel Hamid Mannae:
    EOHR received a complaint from the aforementioned on 22 December 2001.
    He mentioned that he had worked in United Arab Emirates (UAE) since 1979 in the military medical service with the rank of captain, No 1541.
    Within the contract conditions, the employee has the right to receive treatment when needed.
    During the period of his work, he suffered an attack of hepatitis (virus C), which needs special fixed and regular treatment.
    In the treating hospital, the administration supplied him with the necessary medicine for eight months and then stopped for no apparent reason.
    On inquiring, he received a letter from the medical service administration on 4 September 1994 informing him that the military medical committee did not approve the purchase of his medicine.
    His service ended on 4 July 1998 after the armed forces refused the continuation of his treatment in spite the clear article in his contract giving him the right of treatment by the employer, and in spite of the treating doctor's reports recommending that continuing his treatment is necessary.
    The employer asked him to purchase the needed medicine from his own money; which cost him about LE 52,000 during the time of his service, and has currently reached more than LE 100 thousand.
    They also unfairly ended his service. The aforementioned presented a petition to the Director of Citizens Services Unit of the Foreign Ministry in Cairo.
    The reply from this section was as follows: Your service has finished according to the regulation in the Emirates Armed Forces, as you are medically unfit.
    Because you did not complain or ask for any rights towards your sickness since the year 1994, but complained about this matter after the decision of ending your service, the leadership of the Emirates Armed Forces sees that this subject is now over.
    You may apply to the court for any outstanding rights.

    EOHR contacted the Emirates Ambassador on 6 January 2002.
    On 27 April 2002, EOHR received a reply mentioning that: the embassy had referred the matter to the concerned authorities in UAE, and the responsible section in the armed forces in Emirates reported that the source of the petitioner's infection causing his disease is not clear and probably he had it before joining the service in Emirates Armed Forces.
    In spite of that, the employer carried out his humane and legal responsibilities and supplied him with the needed medicine for two years and according to the system and the available facilities.

    - Case of Citizen Dr. Mohammed Hammed Abdel Hafiz:
    EOHR received a complaint from the mentioned on 28 December 2001 stating that he left to Libya after signing a contract authenticated by the Libyan Embassy in Cairo and the Egyptian Ministry of Labor.
    He was designated to a post at the ninth level with a total salary of LD 7367 annually.
    He began his work on 28 March 2001 in Ibiar Hospital in the province of Al-Hezam Al-Akhdar as a general practitioner.
    Surprisingly, he discovered that his level and salary had been dropped down as follows:
    Decree No. 197/1396 issued to appoint him on 24 June 2001 and to lower his appointment level to the eleventh with a salary estimated to be LD 6366 annually, which was less than the agreed salary as in the contract.
    The petitioner complained about this decree.
    The petition was referred to the Secretary of the Peoples Committee for Health in the Al-Hezam Al-Akhdar area.
    The reply received was that the petitioner has to first sign the new contract with the new salary before his complaint would be considered.
    He was obliged to sign the new contract and waited until 7 October 2001, but nothing was done about his complaint.
    In new developments, the Libyan Labor Authority in the Al-Hezam Al-Akhdar Area rejected the procedures of his appointment.
    It dropped down his salary and his degree to nine with five increases and a salary of LD 5018 annually if the complainant wanted to be appointed.
    The petitioner complained to the General Secretary of the Peoples Committee and the Administrative surveillance and the Health Secretary in Shabeia.
    All of these commented verbally that all these complaints were useless and the complainant would have to accept the decree of the labor authority to be at the level suggested.
    The complainant did not receive any of his salary since 24 June 2001 and is waiting for a decision to be taken about his complaint until now.

    EOHR contacted the Egyptian Foreign Ministry putting this complaint in front of them but no reply has been received.

    -Case of Citizen Bahaa Nagy Emara Ali:
    EOHR received a complaint from the aforementioned on 28 January 2002. He stated that he left to work in Jeddah, Kingdom of Saudi Arabia (KSA) on 4 November 2000 at the Arab Center for Industrial Safety and Security as an engineer for communications and electronic maintenance.
    After his arrival at his work center, he was faced with the fact that the nature of his work as a maintenance engineer had changed and he was to be a sales representative, then a driver for a sales representative.
    He complained to the Labor Office.
    He then complained to the court, which gave the verdict in his favor on 8/2/1422 C (Islamic Calendar) to receive from the employer SR 4150 equal the difference in his salary and the amount of SR 4500 as compensation for his losses, the total being SR 8550 and the employer was to repatriate the complainant to his country.
    The employer refused to pay and appealed to the higher court in Riyadh and until now, no final verdict has been received.
    Accordingly, the aforementioned did not get his rights until now.

    EOHR contacted the citizens' service and complaint administration at the Egyptian Foreign Ministry, the Saudi Ambassador in Cairo.

    EOHR did not receive a reply from either in this matter until now.

    - Case of Citizen Dr. Mustafa Ahmed Abdel Hamid Dagwood:
    EOHR received a complaint on 29 January 2002 stating that the mentioned went to KSA after contracting with the health affairs in Hael area on 17/7/1418 C (Islamic Calendar) and after completing his medical investigations, which all came out satisfactory.
    He worked as an Accident and Emergency doctor in Bakaa hospital for three years then went on vacation for 20 days.
    On his return, and while proceeding for renewal of his contract on 24/5/1422 C he was shocked by a report that he was infected with virus C hepatitis, accordingly they ended his contract on the same date.
    As written in his complaint, the aforementioned contracted his infection through his work and so has the right for compensation, as entitled in the contract.
    He was surprised that he was denied any rights and compensation from the hospital where he was working.
    On 4 February 2002, EOHR contacted the citizens' service and complaint administration at the Egyptian Foreign Ministry and the Saudi Ambassador in Cairo.

    EOHR has not received any reply yet.

    - Case of Citizen Hassan Ali Hassan Desouki:
    EOHR received a complaint on 7 March 2002 stating that the aforementioned left to Kuwait on 1 January 1994.
    He had signed a contract with a salary of KD 120 monthly.
    He worked as a concrete ironworker under the sponsorship (Kafala) of Mr. Mohammed Abdel Kareem Gabr, as he is the sponsor for the center of "Hand with Hand for General Trading and Contracting" in Al Arbeida block of flats, Al Farawani, Kuwait. On 10 November 1994, the complainant was injured while working.
    A concrete block had fallen on his back, causing injury to his fourth and fifth vertebrae.
    He was transferred to the Farawani hospital; the sponsor cancelled the health insurance in an effort to hinder him from reporting the injury.
    The sponsor escorted the complainant to Al Kareen police station accusing him of steeling iron and wood.
    After three continuous days of interrogation, a specialized committee proved, after investigation, the accusation to be false.
    The case was closed as a false claim.
    From his side, on 15 November 1994, the petitioner went to the court asking for compensation for discrediting him.
    In addition, he complained to the Hawley Affair Governorate asking for his rights especially he was injured whilst at work.
    Then he applied to the Farwani Governor to cancel his residency under this particular sponsor.
    The Farwani affairs office responded to his complaints and subjected it as a case on 4 December 1994.
    On 16 November 1994, the petitioner appealed to Kasr Al Adl Court and fixed the date of 23 November 1994 for hearing.
    When the sponsor was informed about the legal activities that the aforementioned is taking, he with the help of the local police, took the complainant from his residence to the Kareen police station accusing him of being absent from work.
    The aforementioned was then transferred to Al Dasma police station and from there to Kuwait airport and on to Egypt without getting his financial rights or even his personal essentials.
    On 10 March 2002, EOHR contacted the Foreign Minister and the Kuwait Ambassador in Cairo. No reply has been received until now.

    - Case of Citizen Mohammed Saad Al Dean Mustafa:
    EOHR received a complaint on 6 April 2002 stating that the aforementioned left to KSA on 8/2/1402 C - (5th December 1981) up to 1/3/1418 C - (6th July 1997).
    He was contracted with the National Guard in Riyadh as an accountant in the salary and expenses section of the finance administration.
    A decree was sent down, ending contract as he was to be replaced by a Saudi citizen, and he was to receive his severance rights.
    In another step, it was agreed to extend his contract on condition that he receive only his salary and transport expenses.
    The matter did not end there.
    The administration dropped his salary to almost half with no expense allowance, no residence cost or transport tickets for him and his family.
    Until now, he has not received his financial particulars.
    On 5 April 2002, EOHR contacted the Foreign Minister and the Saudi Ambassador in Cairo.

    - Case of citizen: Ashraf Labib Sanad Basta:
    EOHR received a complaint on 17 March 2001 stating that the aforementioned left to Denmark after obtaining a tourist visa on 11 February 2001.
    The allowed period for his visa was 15 days, but on 20 February 2001, he was arrested by the Danish police and put in Queen Hagen prison after confiscating all his personal belongings.
    He stated that he was tortured in the prison by leaving him in a cold room for 20 hours in only his underwear.
    He was introduced to the court on 20 August 2001 accused of having no money and was sent back to Egypt without his belongings.

    EOHR contacted the Foreign Minister on 18 March 2002 and the Danish ambassador in Cairo on 11 May 2002. No reply has yet been received.

    - Case of citizen: Ibrahim Ismail Mahmoud:
    EOHR received a complaint on 17 March 2002 stating that during the year 1990, during his stay in Iraq, the aforementioned married an Iraqi lady who returned back with him to Cairo on 16 October 1991.
    During 11 years of marriage, 2 children were born in Egypt.
    The wife left to visit her family in Iraq for two months on 14 October 2001.
    Through a telephone call between the wife and the petitioner, the wife asked him to live with her in Iraq with the children.
    He left to Iraq after selling his flat with the furniture and arranging personal matters.
    On his arrival he was treated badly by his wife and her family who forced him to go to the office concerned with Arab citizens affairs where his passport was stamped for exit and he was threatened that he would be murdered if he stayed any longer in Iraq.
    He complained to the Egyptian Embassy in Iraq and left for Egypt without his children or his personal belongings.

    EOHR contacted the Minister of Foreign Affairs on 18 March 2002.
    The petitioner appealed with many complaints to the consular section to no avail.

    - Case of citizen: Walid Metwally El Naggar
    EOHR sent a fact-finding mission on 5 January 2002 to meet the aforementioned person as one of those who returned back from the United States after the 11 September incident.
    He told EOHR that he joined an aviation training school known as Gold Star owned by a Syrian national in Texas State.
    This institute teaches flight in three stages, after which one obtains a commercial flight license.
    The aforementioned finished his first two stages and was preparing for the last stage on 11th September 2001.
    On 12 September 2001, and while he was in the institute, he received a call from the Federal Bureau of Investigation (FBI), requesting a meeting with him.
    He met with two FBI officers who talked with him about Usama Bin Laden and accused him of having connections with Al Qaeda.
    He was arrested and put in a detention room alone.
    The area of the room was 1.5×2m.
    They then transferred him to another detention area belonging to the emigration office specific for illegal immigration.
    He was detained there for 20 hours.
    He was accused of breaking the emigration regulations and was asked to write one of three choices:
      1- In the case of my return to Egypt, my life will be endangered
      2- To go to the court and talk to the judges
      3- To leave to Egypt
    The aforementioned chose to go to court.
    He was told that this would be within 7 days.
    They moved him from one prison to another.
    They changed his clothes in each prison as each has a special uniform.
    Then he was sent to Fort Doris Down Town Prison, a Federal prison for those who are sentenced to long-term imprisonment.
    In the prison, the officers were informed that the aforementioned is a Muslim pilot and has connections with the 11t September incident and was not to receive visitors or communicate with the outside world.
    He was then transferred to a prison called Dallas County Green where he was kept for 17 days.
    This prison is noted for holding many Mafia criminals, particularly drug smugglers.
    His fingerprints and photos were recorded there for the second time.
    He noted that this prison is unhealthy as it lacks adequate ventilation and is over crowded.
    . He was brought before the judge after 24 days and not after 7 days as was mentioned.
    He produced his documents to prove that during the 11 September attack, he was sitting his exams, which were not in New York as the FBI had charged him. The accused expressed his desire to go back to Egypt and that he was ready to buy his own ticket.
    According to his statement, he refused asylum to stay in the States and would rather go back to his own country.
    On 4 December 2002, he was sent back to Egypt.
    He stated that he was hand cuffed and was released from the cuffs at the door of the plane.
    The accompanying officer refused to give him his file, which included his passport.
    On his arrival at Cairo International Airport, he was asked about his passport.
    The State Security Investigation Bureau interrogated him twice, mainly asking about prisons in the US and inquired on whether he was tortured there or not.

    - Case of citizen: Taher Ahmed Taher Moussa:
    EOHR received a complaint stating that the aforementioned left to work in the United Arab Emirates Air Force as a general technical storekeeper on 6 September 1987.
    On 5 February 1994, he was injured during military sport training designed to raise fighting capabilities.
    The injury was a fracture of his spine.
    On 2 May 1994, surgery was performed by a German surgeon, but the surgery failed and his treatment continued using painkillers then physiotherapy.
    The result was 25% incapacitation.
    His contract was terminated on 8 June 1999.
    Until now, he still has not received his financial rights, which are estimated as follows:
    One-month salary discounted for an unknown reason, unpaid salary for the period from 15 June 1998 until 6 September 1998 and compensation for his incapacity stated as a 25% disability in the medical report.

    EOHR contacted the ambassador of the UAE in Cairo and the Egyptian Ministry of Foreign Affairs on 2 April 2002.
    On 25th June 2002, a reply came from UAE embassy in Cairo; the complainant had appealed to the civil court in UAE against the Armed Forces there and the higher court rejected his appeal.
    He again appealed to the high union court, so, we have to wait until this court gives its verdict concerning the complaints mentioned.

    - Case of citizen: Gamal Mohammed Abdel Hamid:
    EOHR received a complaint on 21 July 2002 stating that the aforementioned left to Riyadh in KSA.
    He had a contract to work in Al Amir for Trading and Contracting Company in Al Magmaa District in Riyadh on 1 September 2001 as a concrete ironworker.
    On 21 February 2002, he sustained a fracture of his right foot during work.
    The employing company refused to offer him treatment as entitled in the contract so he paid for his treatment.
    On 19 June 2002, he was fired, even before the healing of his fractures.
    The complaint mentioned that the company discounted part of his salary and sent him to Cairo without treating or compensating him for his injury during work.

    EOHR contacted the Ministry of Foreign Affairs on 22 July 2002 and no reply has yet been received.

    - Case of citizen: Magdy Shehata Makary Gabriel:
    EOHR received a complaint from the family of the aforementioned on 22 July 2002 stating that he left to work in Iraq.
    On 13 July 2002, they received a note from Al Zaytoon police station informing them that the aforementioned had died on 25 January 2002 and the family received a death certificate issued in Iraq stating that he had ecchymosed injuries and a cut wound.
    These injuries did not tell the cause of his death.

    EOHR contacted the Ministry of Foreign Affairs and those responsible in the Iraqi Embassy.

    EOHR received a reply from the Iraqi Embassy asking for the death certificate issued in Iraq.

    EOHR sent the requested documents and is awaiting a reply.

    - Case of citizen: Mahmoud Mohammed Ali Abdel Reheim and other colleagues:
    EOHR received a complaint on 28 July 2002 stating that the above mentioned was contracted with the Health Ministry in KSA to work as a clinical nurse in the year 1976 - 1396 C.
    He left and began his work at El Mahgar Hospital in Jeddah on 3 July 1976.
    The specialty of this hospital changed to be a mental health hospital.
    A decree No 366 in the year 1400 C was issued from the civil service, awarding a bonus equal to 30 % of the salary to all employees in mental health hospitals in the kingdom.
    This bonus was not received by the above mentioned and other contracted staff.
    After many complaints, the Ministry of Health asked for the names of the individuals who had not received the bonus.
    The names were sent but nothing more was heard and the contract of the plaintiff ended in the year 1420C.

    EOHR contacted the Ministry of Foreign Affairs on 13 August 2002 but nothing was done in this matter.

    - Case of citizen: Hamdi Abdel Rafee Abu Elela:
    EOHR received a complaint on 16 September 2002 stating that the above mentioned left to work in Qatar at Al Khloud for trading and contracting company on 27 May 2000 in Doha as a sales representative with a monthly salary of QR 1500.
    The contract was authenticated by the work administration in Qatar.
    He did not receive any payment until 31 May 2001 and so he ended his contract.
    The complainant asked the company to pay him his financial rights but they did not.

    EOHR contacted the Qatari Ambassador in Cairo and the Ministry of Foreign Affairs on 21 September 2002 and as yet has received no reply.

    - Case of the sailors released in Israel:
    EOHR sent a fact-finding mission on 28 October 2002 to meet the mentioned as it was by a sailor that:
    On 27 September 2001, a group of eight Egyptian sailors from Borg Megheizal village, Kafr El-Sheikh governorate, were working on commercial boats.
    These are:
      1- Hussein Mohammed Nematallah

      2- Abdu Ghareib

      3- Mohammed Assad Haggag

      4- Khattab Abdel Meguid Abu Saad

      5- Mustafa Rizkallah Darwish

      6- Mohammed Gommaa Farrag

      7- Mohammed Hassan Al Gaweesh

      8- Ahmed Hassan Al Gaweesh
    All were working on a boat, named Karim A, according to a contract with one of the commissioners.
    The boat was registered to one of the Latin American companies.
    They went to Sudan and transferred to Port Sudan Port where the ship was berthed.
    On 11 October 2001 the above mentioned went on the boat and they loaded it with a cargo of seeds and sesame.
    The ship sailed to Yemen where half of the cargo was unloaded, the other half was taken to Agmen in Dubai.
    On 3 January 2002, at 2.30 a.m. about 500 miles offshore, somewhere in international waters, they were surprised by a number of Israeli soldiers and officers waking them up.
    They collected the sailors in the hold of the ship, handcuffed their hands behind their backs, told them to lie down on the floor and covered their faces with black cloth.
    They commanded the whole ship and started to question the Captain about the cargo.
    There was a helicopter flying over the ship, they took one and a half days to reach Elat port.
    The sailors were taken ashore with their hands still cuffed behind their backs and their eyes blindfolded; they were taken in a car for about 15 minutes to a place, which was very noisy and cold.
    The handcuffs and blindfolds were removed and they started to interrogate them one by one.
    The interrogator wore civilian clothes and spoke Arabic, it was said that he was from the Israeli Intelligence.
    The interrogation began with questions about personal details and the direction of the ship and the nature of their work on board.
    Each person was interrogated for at least 6 hours.
    The interrogation was repeated again on 6 January 2002 at 7 a.m. by one of the female employees from the Israeli Foreign Ministry.
    She asked the detainees questions about the nature of the Egyptian ports and how they are run.
    She particularly questioned them about Rashid port.
    They transferred the sailors to Al Ramlah prison where they stayed until their return to Cairo on 13 October 2002.
    The Israeli authorities threatened them with life imprisonment as a psychological torture, and then they transferred them on 23 October 2002 to an Israeli airport then to Cairo on an El Al airline.

    - Case of citizen: Salah Mohammed Saleh El Bakry:
    EOHR received a complaint on 18 November 2002 stating that the above mentioned left to Kuwait 15 years ago to work as a driver.
    He bought a lorry, paying part of its price in advance; the rest of the price was to be paid on installments.
    Because the civil law in Kuwait does not allow a foreigner to own anything except through a Kuwaiti sponsor (kafil), the complainant contracted with a Kuwaiti person to buy the lorry and the plaintiff to work on it as a driver and the Kuwaiti man to be the sponsor for a sum of money to be paid monthly.
    A contract was made between them accordingly.
    The above mentioned got the lorry after he made the down payment and according to the complaint he continued to pay the installments till the Kuwaiti sponsor arranged with a Kuwaiti policeman to imprison him and humiliate and torture him till they sent him to Egypt without his rights or personal belongings .

    EOHR contacted the Egyptian Ministry of Foreign Affairs and the Kuwaiti Embassy in Cairo on 21 November 2002 but no reply has yet been received.

    - Case of citizen: Gamal Mohammed El Sayed Khattab:
    EOHR received a complaint stating that the above-mentioned married a Jordanian lady.
    The complaint also said that he has a 7 years old child.
    The wife and the child live in Jordan and when she wanted to come to live with her husband in Egypt, she was surprised that her name is on the list of undesirable aliens and therefore not allowed entry into the country.

    EOHR contacted the Assistant of the Foreign Minister for human rights affairs on 23 December 2002.

    EOHR also contacted the Egyptian Foreign Minister on 12 December 2002 but no reply has yet been received.

    - Case of citizen: Abdullah Ahmed Mohammed Barakat:
    EOHR received a complaint on 3 April 2002 stating that the above mentioned left to work in KSA after contracting with the Ministry of Health in Hiya Saada Health Centre, Tabouk on 19/4/1404 C (Islamic Calendar).
    He remained there for 18 years practicing his work to an excellent degree. During the year 1422 C.
    he was asked to have some laboratory investigations when it was discovered he has virus C hepatitis.
    The employers thus ended his contract on 24/4/1422 H.
    without any compensation or even costs of treatment.

    EOHR contacted the Egyptian Minister of Foreign Affairs and the Saudi Ambassador in Cairo on 6 April 2002 and as yet have received no reply.


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