Committee On Human Rights- EOHR

The Egyptian Organization for Human Rights
report

المنظمة المصرية لحقوق الإنسان

eohr@eohr.org
info@eohr.org
eohr@link.com.eg

EOHR's Commentary of Egypt's Third and Fourth Periodic Reports to the Committee On Human Rights

Part 1
Part 2

Third, the right to freedom of opinion and expression:
Deterioration of such rights is especially prominent within the media. Using prison sentences as a threat has provided authorities to with a means of limiting freedom of expression. Other means of banning expression include banning publications, prohibiting the circulation of newspapers and confiscating books.

One positive development is a verdict issued by the High Supreme Constitutional court (on May 05, 2001) holding that Article No. 17 of the law of press firms was unconstitutional. Amended in 1998, the law was supposed to require cabinet approval prior to the establishment of any press firm. Cabinet officials could easily refuse the establishment of such firms. The court's ruling was a victory because it criticized the government's prior attempts to violate the right to freedom of expression under the guise of regulation. It also held that freedom of expression lies at the cornerstone of any democratic society. Moreover, the verdict described freedom of opinion as being the most important and effective means of expression (article no.48 of the constitution and articles Nos.26, 207, 208). It confirmed that conditioning the establishment of press firms upon cabinet approval was a clear unconstitutional interference. Imposing the power of the executive authority on the process of issuing journals directly erodes the freedom of opinion and expression.

EOHR has consistently expressed its clear objection to this article as a breach of Egyptian law as well as international instruments concerned with human rights. EOHR believes such an article restricts the freedom of issuing journals and trivializes gains journalists have made. ***********************************************************************
Fourth, the right to peacefully associate and form political parties: The Egyptian government passed the NGOs bill during May 2002 to replace law 153 of 1999 which was held unconstitutional by the Supreme Constitutional Court on 3 June 2000. Since the abolition of law 153 of 1999 the government has studied the new bill but unfortunately has not yet reviewed the reasons for rejecting law no. 153 of 1999. It has disregarded the recommendations and the ambitions of civil society associations (especially article 42 of the new law which worsen the law even more as it gives the Minister of Social Affairs the right to dissolve associations and non-governmental organizations by an administrative decree). With this article the government exercises complete control over civil society. This philosophy is a decaying one which aims at imposing the hegemony of the state on all societal activities and which beaches all international covenants concerning the protection of the freedom of associations.

Resolutions which support the right to peacefully associate include Article 20 of the Universal Declaration on Human Rights, Article 22 of the International Covenant on Civil and Political Rights, the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.
EOHR's commentary on the new law covers:

With respect to the ability to form political parties, EOHR asserts that law no. 40/1977 (commonly known as the political party law) is considered a main restriction to the freedom of forming parties. It is obvious that the establishment of various parties is not a working matter because the forming and closing of these parties are in the hands of a specialized committee according to article 8. This committee (which consists of Shura council chairman as well as the membership of the ministries of interior, justice, state peoples assembly affairs and three members who are not related to any political party but are former judicial institution presidents) has the right to establish whether a political party may be formed. The presence of the former judicial institution presidents is not necessary for the committee to meet. The Committee of Political Parties has the authority to:

" Legally and judicially recommend the dissolution of any political party and the liquidation of its assets/capital as well as to limit/deny the sources of its funding by decree of the Administrative Courts.
Taking into consideration all of the aforementioned restrictions, forming or working with a given political party is becoming increasingly impractical. EOHR asserts that the right to participate in public affairs and form political parties is a constitutional right that makes it possible to establish various parties according to article 5 of the Egyptian Statute 40/1977. However, these rights no longer exist because law 40/1977 is still used which gives the committee the ability to refuse forming any new party according to article 8. The committee has also the right to dissolve any party after giving a permission to form it due to the claim that there are disputes among its leaders over the party leadership. This ability to revoke party establishment is considered a threat to freeze any party if anyone claims that he is disputing the leadership. Thus it is impossible for the various parties to exist. When they do there is a severe limit to their activities; therefore their ability to express their opinions is compromised. EOHR calls for the following:
" the removal of all restrictions that face political parties by canceling law no. 40/1977; " parties should only have to give notice of their existence
" the judiciary should be the only authority that takes actions in the settlement of any disputes between the administrative district and the party or among the party members themselves to guarantee a judicial mandate;
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Lastly, discrimination against women in Egyptian law: Although there have been positive developments concerning the amendments of laws concerning women, (especially laws regarding a woman's personal affairs and her rights to travel) there are still great strides to be made. Some of the challenges to be faced include:

" Nationality law no. 26/1975 allows for discrimination against women with respect to granting children nationality. Fathers can give their Egyptian children their Egyptian citizenship but mothers who marry non-Egyptians cannot. Such practices, justified by the government as necessary to maintain national security, are blatant violations against women. " Laws regarding the committing of adultery, which allow for varying punishments based on sex. First, the maximum penalty for adultery committed by a woman is two years; the maximum for a man is six months. Second, only if a man cheats in his marital house is he held accountable. A woman may commit adultery anywhere and is held accountable. Third, if he kills his wife as a result of her adultery, his crime is deemed a misdemeanor. The reverse results in severe punishments for women. Fourth, the man may absolve his wife of the crime of adultery that results in discharge from prison. A woman has no right to absolve her husband.
" Article 8 of the Egyptian constitution clearly states there shall be no discrimination among the sexes with respect to job opportunities. However, women rarely are appointed as judges due to cultural restrictions. In addition to Article 8, Article 40 also states that there shall be no discrimination based on gender and that both men and women have equal rights before the law.

Part 1
Part 2

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