The Egyptian Organization for Human Rights

With the expansion of the role of non-governmental organizations (NGOs) in the different developmental and rights fields, the decade of the 90s has witnessed a wide debate on the extent of consistence of the Associations Law 32/1964 with the developments witnessed by civil work in Egypt during the 80s and 90s.
This law was exposed to severe criticism from inside and outside Egypt as it imposed limitations to the civil work and was considered one of the laws standing as an obstacle to development activities, which these associations could participate.
At the end of the 1990s, the Egyptian Government responded to these pressures and announced its desire to issue a new law for civil associations in Egypt.
The Egyptian Government started dialogues with some of the representatives of NGOs and civil associations who came up with recommendations for a law consistent with the size and nature of the role that these institutions can play in the fields of development, human rights, and women's rights.
Unexpectedly and with absolute disregard to the recommendations submitted, the Egyptian Government came out with law 153/1999.
The law became effective in one night, after the President ratified it on 27 May 1999.
This law was considered much worse than its predecessor was when it came to the limitations imposed on civil work.
After a short time, the Administrative Court decided to put the law in front of the Supreme Constitutional Court to rule on how constitutional article 2 of the law is. In its role, the Supreme Constitutional Court ruled on 3 June 2000 that the law is unconstitutional.
In its summing up, the court presented several important constitutional principles for the legislator to refer to when redrafting a new law.
However, it based its verdict on the fact that the law was not presented to the Shura Council before presenting it to the Peoples Assembly.
EOHR presents in this report, the principles founded by the Supreme Constitutional Court in its verdict making the Associations Law 153/1964 unconstitutional by honestly describing the right to form associations and by revealing the constitutional defect, which has extended to the new and current Associations Law 84/2002.

Principle I: The court mentioned the right of the individual to form associations, which is a basic right that should not be restricted. International covenants have given attention to this right through article 20 of the Universal Declaration for Human Rights (UDHR) and article 22.2 of the International Covenant on Civil and Political Rights (ICCPR), which has banned putting limitations to the practice of this right. The court said that Egyptian Constitutions have protected the right to form associations. This has been stated in article 55 of the current constitution saying, "citizens shall have the right to form societies as defined by law".
Principle II: The court dealt with the Constitution's concern towards the authority imposing legislative and executive limitations on what it considers to be an insurance for general rights and liberties - headed by the right to assemble - in such a manner to confirm that the constitution insured that no one should interfere in areas which protect the right or freedom in such a way that will prevent it from performing effectively.
Principle III: The court confirmed that civil society's organizations are the intermediary between the individual and the State. These organizations are responsible for improving the personality of the individual by spreading awareness and knowledge on the culture of democracy in order to achieve more social and economic development, influence public policies and deepen understanding of assisting the government through efforts.
Principle IV: The Court was keen to establish the important principle of the right of the citizen in forming civil associations, which is an important branch of the freedom to assemble. It also confirmed that this right is to be performed by voluntary willingness without the interference of any administrative authority. This form of liberty is thus activated to be a primary rule granted by constitutional principles of some countries, including Egypt in such a manner to insure the right of each individual to join the society which he/she sees best to express his/her interests and goals. This right is absolute and is not separate from one's own personal freedom. This right was given high esteem by the Constitution as it has considered it in article 41 one of the natural rights that should not be violated.
Principle V: The court said that the Constitution has, in article 47, insured, the right of expression by describing it as a fundamental freedom, essential for open dialogue and without which, the society's freedom loses its meaning and usefulness. Therefore, the right to assemble is interrelated with the freedom of expression in that it is a constituent of the factors of personal liberties, which should not be restricted by means other than following objective and procedural methods as requested by the constitution or as defined by the law.

Accordingly, the right of citizens in forming civil societies is considered a constitutional fundamental.
The Court has confirmed the law unconstitutional without needing to go into its articles to reveal its constitutional faults.
By revising these principles, we find that the court talked about several points other than the fact that the law was not presented to the Shura Council.
It pointed this out for the legislator to be aware of the legislation defects so as not to fall into the same mistake in the future.
However, the Egyptian Parliament, with its majority belonging to the ruling party, did not take into account the important constitutional principles and issued Law 84/2002, ratified by the President on 5 May 2002.
Only a simple amendment, concerning the specialization of the administrative court in ruling between conflicts, was inserted in addition to the formal procedure of presenting the Law to the Shura Council before issuing it.
Law 84/2002 came as a disappointment as it is full of the same constitutional defects as the previous law.
Shortcomings of the Associations Law 84 for the year 2002:
In light of the previously mentioned constitutional principles, criticisms of the law have multiplied.
These criticisms can be summarized as follows:

EOHR