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EOHR workshop:
Egypt towards a free civil society
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12/9/2007
Human rights activists , members of people's assembly and masters of constitutional law called for a national discussion concerning the expected governmental amendments for NGOs law 84/2002 in a workshop organized by The Egyptian Organization for Human Rights in cooperation with Friedrich Naumann Foundation on Sunday 9-9-2007 under the title "Egypt towards a free civil society". Some of governmental representative , members of people's assembly and Shura Council participated in this discussion to enact a law accepted by the government and NGOs instead of law 84/2002.
The participants agreed that NGOs have to be formed without legal, administration and finance restrictions, and to be supported financially by private section and businessmen, as they called for practical recognition of human rights as the base of development and democracy to build a new civil society able to consolidate human rights values.
This work shop coincides with governmental amendment of NGOs' law 84/2002 to increase the governmental control over NGOs instead of facilitating their activities and their rights, Mr. Hafez Abu Seada the secretary general of EOHR declared .
Mr. Hafez Abu Seada confirmed that there are some statements made concerning the expected governmental amendments for 84/2002 law, but he received drafts indicated the government intention to control it. Those amendments aimed at human rights organizations which cooperated with political parties for political and constitutional amendment ,that discover from time to time violations against the human rights, whether it is civil, political, economical or social.
Mr. Hafez Abu Seada called for a substitution for Law 84/2002 for establishing NGOs through notification instead of documented license
In other words , NGOs have to be established by their founding members without any imposed control from the government to determine its meetings , elections and activities with the full respect that the freedom doesn’t mean the absence of government observation .
The freedom to establish assemblies is the main guarantee for democracy and civil society organizations ,so these organizations have to get rid of the observations and eliminate the lawful, administrative and finance restrictions to activate the role of civil society . Mr. Ronald Meinardus regional chairman of Friedrich Naumann in Cairo confirmed .
Law 84/2002 was condemned by Dr.Yehia El Gamal, professor of constitutional law at Cairo University, because of its defects. He called for returning to the 153/1999 law which was unconstitutionally judged by the Supreme Constitutional Court .
Mr Bahi El Din Hassan, the director of Cairo Institute for Human Rights Studies, agreed with Mr. El Gamal for calling for new law instead of Law 84/2002 which violates democracy and restricts NGOs work, he clarified that this law helps the government to control NGOs, not only to give license to be established ,but to be dissolved as well .Returning to laws that organized the civil society before 1952 is the solution ,he added .
The expected governmental amendments for NGOs law was condemned by Mr Hassan which gives the governmental employees the right for controlling the NGOs' activities and this amendments equivalent to settlement of NGOs' which have played an important role since 2004 till now .This case is not only belonging to the NGOs but to the whole Egyptian society on the constitutional level as well.
There is a political plan to put the society under the governmental, political and administrative supervision ,Mr. Ahmed Abdel Hafeez high court lawyer declared, he called for making law meets NGOs needs .
There should be a discussion made between the civil society and government concerning NGOs law ,Mr Ahmed Amer the member of parliament and the secretary -general of human rights committee called upon.
MR Amer condemned Law 84/2002 defects and called for establishing the assemblies through notification from the social solidarity directorate and eliminates the contact between the civil society and governmental sides, and government interference has to be supervised by the judicial review .
Mr. Ahmed Seif El Islam the manager of Hisham Mubark Center stated that NGOs have a right to be established away from government's control and this right was guaranteed by international covenants according to article 151 of the Constitution , he called for NGOs' freedom apart from government observation .
Mr Magdy Abdel Hamid, the chairman of rising assemblies, indicated that there are three main aspects organizing the civil work in Egypt, first: The social participation is which based on three main factors : government , private sector and civil society . So the civil society has to play a role in establishing the society . The second aspect is the governmental interference in NGOs activities starting from establishing till the dissolution ,he clarified that the NGOs works as it were with "compliance contract" . The third aspect is the gab between the NGOs' law and real situation existed .
Dr. Ayman Abdel Wahab, expert in El Ahram Center for Political and Strategies Studies indicated that we are confronting a bilateral standards from the government from one side and the organizations of human rights from other side , but where the other civil society 's organizations . He called for opening a free discussion between the government and the other NGOs concerning the expected governmental amendments for NGOs' law to avoid the faults made with 153/1999 law which considered the pure governmental point of view . he also condemned the absence of general federation of NGOs on civil work.
Mr. Abdel Wahab called for working with the civil work as an independent sector not to follow the government .Crime should be suited with the punishment nevertheless the criminal is the responsible for his faults not the assembly and the judiciary is the only criterion in this issue .
Mr. Negad El Borai, lawyer, condemned Law 84/2002 and he stated that the law has so many defects like the center for trade union and workers ' problem and the dissolution of law aid assembly .
Mr. Negad called for decreasing the ministry of social solidarity's control over the NGOs and called for NGOs' announcing for the budgets if exceeded 100 000 L.E in a daily newspaper , and the assembly's chairman has to present a financial responsibility before his appointment.
From his side , Mr. Kamal Abbas, the director of Trade Union Center handled an experimentation with the Ministry of Social Solidarity indicating that the insufficiency is not representing in NGOs' law but it exceed to cover the chargers themselves so he called for enacting a new law applied what the international covenants declared concerning the NGOs' formation.
Mr.Fared Zahran, the director of El Mahrousa Center for Human Rights indicated that
the governmental amendments for NGOs's law main target is to control all civil society assemblies , he called for notifications for the NGOs declaration and the transparent necessarily of finance assembles' declaration .
As for Mr. Abdel Monam El Olaimy, member of peoples' assembly , he called for unified law for NGOs working from one authority with adequate guarantees , but the NGOs have to resolve their interior problems which influence its vital role in performance and continuity .
At the end of the workshop , some recommendations were adopted by participants as follows:
1- Drafting a new law that respects NGOs' rights and the international covenants instead of 84/2002 law which considered a snag in the way of NGOs and the civil society development .
2- Legislators have to take into consideration the main guarantees for organizing and forming the NGOs according to the international covenants for human rights and the Egyptian Constitution as follows :
- Any normal person or juristic personality has a right to participate in NGOs' establishment , administration , affiliation and recession .
- No restrictions should be imposed on this right except for the rights stipulated in the law.
- Establishing NGOs through notification instead of the license system .
- NGOs are allowed to recieve donations through notifications under observation from the social affair .
- Government with civil society have to organize a framework guarantees the NGOs' freedom and consolidate a free and active civil society .
- The main lawful principle which NGOs depend on is the right to establishing without a license or previous permission .
- The administrative establishing procedures are not allowed to be formed via public media notification .
- NGOs have a right to amend its systems freely including the targets and activities at any time without any governmental interference .
- NGOs are controlled by their stipulated authorities , the government has no right to control their activities, meetings, and elections.
- NGOs have the right to develop their financial sources including members' donations and accepting any endowments and aids from normal or juristic person from or outside Egypt, and to run such activities to invest money not to be distributed over its members.
- Government has to guarantee the NGOs' taxes discharge and to encourage the donors through making a discount over their tax bases with a suitable percentage and such these advantages should not be used as a pretext to control its activities .
- NGOs ' freedom doesn't mean the absence of observation , NGOs have to be responsible for public interests ,members of assembly , public opinion and society , if there is a joint public interest, judiciary and public administrative .
- Penalties should be taken into consideration and there are no penal punishment should be taken over the NGOs or its members except for general trial prior to the normal judiciary in an open fair trial.
- Government has no right to dissolve NGOs except for a decision taken from its private authority or from a final pronunciation from the court.
3- to assure the civil institutions culture through supporting numbers of specific aspects serves this culture, voluntary work is one form of this aspects besides observation and transparency as values of democracy.
4- Activate the role of NGOs through the following aspects :
- Raise the snags of government over the NGOs activates
- NGOs have to play an important role in teaching democracy and political culture
- NGOs have to apply the principle of democracy inside its interior administration
- NGOs have to encourage the voluntary as the main aspect of Egyptian national work .
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