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EOHR holds workshop on a new political parties law
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28/5/2007
The Egyptian Organization for Human Rights (EOHR) is holding a workshop, 'Towards a new political parties law' tomorrow, Wednesday 29th May 2007, at 7 p.m. in the Journalists' Syndicate, Alexandria. The workshop will be attended by judges, law professors, members of the People's Assembly and Shura Council, politicians and human rights activists.
Hafez Abu Saeda, EOHR's Secretary General made clear that the workshop is aimed at compiling all laws which hinder the formation of political parties and their activities in both national legislation and the Egyptian Constitution. It also seeks to draft a new political parties law in conformity with international human rights instruments.
Political Parties Law 40 [1977] imposes a number of arbitrary restrictions limiting the formation of political parties. It stipulates that political parties' principles, objective, platform and policies must not be in conflict with Islamic Sharia law or the values of he July 1952 and May 1971 revolutions. It also states that political parties should preserve national unity, social peace, the socialist democratic system and the gains made by socialism. In addition the party's programme must be distinct from those of existing parties at the time of the party's notification of formation. The notification must be presented, in writing to the head of the Committee on Political Parties' Affairs and must be signed, officially, by fifty founder members. Half of this number at least must be made up of workers or fellaheen. This restriction is in conflict with the freedom to form political parties, and the requirement that certain members be drawn from certain sectors of society violates the principle of equality laid down in the Constitution.
Law 40 [1977] was amended by Law 177 [2005], which imposes the most recent restrictions on the right to form political parties. Law 177 lays down the same conditions as Law 40, but in addition requires that the written notification sent to the head of the Committee on Political Parties' Affairs be signed by at least 1000 founder members from at least ten governorates. At least fifty members must come from each governorate. Law 177 also gives the Committee on Political Parties' Affairs the same powers as those it enjoyed under Law 40.
EOHR's desire to draft a new law comes within the context of these restrictions. A new law must implement political party freedom by allowing parties to be formed without the need for notification. Political parties of a military or quasi-military character must be banned, as must parties based on religion, faith, sectarian ideas or race. The Committee on Political Parties' Affairs formed under Law 40 must be abolished, and a new committee formed, presided over by the head of the Shura Council. Its members must comprise members of political parties represented in the People's Assembly and the Shura Council, and its duty be to examine and study notifications of the formation of political parties and the extent to which they are in conformity with the law. Political party freedom must also be implemented through the creation of an unlimited number of political party newspapers as well as the print and audio visual media who should merely be required to inform the relevant authority of their existence. The freedom to hold meetings, seminars and conferences without the need to obtain permission in advance from the relevant bodies must also be granted, and in their funding political parties must rely on their members' subscriptions and contributions, unconditional gifts and financial support from the state's national budget on condition that they are in conformity with standards of transparency and accountability, and that the party is exempted from all taxes and financial duties arising from the costs of its headquarters, newspaper and its activities in all its forms. The mixed composition of the Political Parties' Affairs Court within the State Council must be abolished, and jurisdiction on these matters be returned to the Administrative Court, and the right to appeal its verdicts before the Supreme Administrative Court granted.
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