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Critical Analysis of the New Associations' Law
EOHR Report
4th July 2005
Section Two: The situation of NGOs in the shadow of Law 84 [2002]
NGOs of a political nature - and in particular human rights NGOs - are characterised by a climate of non-trust and indecision in their treatment by the Egyptian government. Clashes between the government and NGOs are a regular occurrence which reached their peak in the nineties.
Despite this, human rights NGOs have succeeded in putting human rights issues on the government's agenda and raising public awareness of them. The Egyptian Organization for Human Rights (EOHR), for example, was only registered after an 18 year battle with the Egyptian authorities who objected to its activities.
EOHR first began its activities in 1985 as a branch of the Arab Organization for Human Rights. The registration application it submitted in 1987 under Law 32 [1964] was refused prompting EOHR to seek recourse to the Administrative Judiciary which supported the decision to refuse the application. In 1992 the case was appealed before the Supreme Administrative Court where it remained until 2000 when Law 153 [1999] was issued. EOHR presented a new registration request the consideration of which the authorities decided to postpone following a demand made by security bodies - and which ultimately amounted to a refusal of the request. EOHR challenged the decision in the Administrative Judiciary Court which on the 1st July 2001 ruled that EOHR be granted official registration. The authorities refused to implement this verdict until Law 84 on Associations [2002] was issued. EOHR submitted a new registration request on the basis of the verdict issued in its favour and eventually received official registration. Official recognition of EOHR by the authorities thus lagged behind the recognition afforded to it by sectors of society, institutions and individuals both domestically and internationally.
There still remains a group of social institutions and NGOs who have been refused registration by the Ministry of Social Affairs such as the Egyptian Association against Torture, the Hisham Mubarak Law Center, the Cairo Association for Peace, the Egyptian Initiative and the Best Elite Central Association. In 2003 the Ministry of Social Affairs dissolved the Egyptian Association for the Incubation of Small Projects, the Charitable Association for the Assistance of Fishermen, the Local Association for Social Assistance and the Christian Blossom Association of Egypt.
In spite of this, EOHR and other organisations have managed to make human rights a part of the official government message. In 1990 EOHR called for an end to the use of flogging as a punishment in prisons, and the government presented a bill to the People's Assembly to this effect in 2000. The establishment of the National Council for Human Rights was also the result of pressure by human rights groups on the government.
This section contains details of the social institutes and NGOs which were refused registration by the Ministry of Social Affairs and which were dissolved in 2003 and 2004, as well as details of other associations registered as a result of either court verdicts or under Law 84 [2002].
a. Social institutes and NGOs refused registration by the Ministry of Social Affairs
1. Children of the Land Institute for Human Rights
A representative from the Children of the Land Institute for Human Rights submitted an application for registration to the Giza Social Affairs Division on the 12th April 2003. The Institute was surprised to receive a letter from the Division informing them that security bodies had rejected the Center's application. This prompted the Center's founders to raise legal action in the Administrative Court to challenge this decision. The verdict was postponed to the 11th January 2004 and again until the 8th February 2004 when the court accepted the case and ordered that it be transferred to the state commissioner's office for a legal opinion.
2. The Egyptian Center for Housing Rights
The Egyptian Center for Housing Rights submitted an application for registration on the 14th May 2003 to Abdeen Social Affairs Office. Sixty days after the application was presented Center founders contacted the Office in order to obtain the registration number. Office staff refused to give them this number, saying that the necessary procedures had still not been completed. In response, the Center began legal action against this refusal to hand over a registration number.
On the 3rd September 2003 the Center received a letter from the Abdeen Social Affairs Office stating that its registration application had been rejected under article 11 of Law 84 [2002]. Center founders raised another case against the administrative decision to refuse registration and the two cases are still being heard.
3. The South Center for Development and Human Rights
A group of the Center's founders submitted a registration application on the 14th June 2003. The application satisfied all the legal conditions for registration. On the 28th August 2003 the founders received a letter from the associations division of Giza Social Affairs Office informing them that the Center had been refused registration under article 11 of Law 84 [2002] because of the Center's field of activities which it was banned from performing under article 11 - despite the fact that the Center's founding statute describes its activities as development of local society and human rights. The Center raised legal action before the Administrative Court requesting that the administrative authorities be forced to apply the law and register the Center. The case is still being heard.
4. The Egyptian Association Against Torture
The Egyptian Association against Torture submitted a registration application on the 13th June 2003. Despite the fact that the application fulfilled all the legal conditions for registration, on the 28th August 2003 the Association received a letter from the Abdeen Social Affairs Division stating: "We are sorry to have to return to you five files connected with the Egyptian Association against Torture. Some of the Association's objectives described in its founding statute violate Law 84 [2002] on associations and private institutes" which is clearly a violation of the deadline set by the law.
The Association received another letter three days later requesting that Association staff go to the Social Affairs Division in order to amend the clauses in the founding statute which fell foul of the law. The letter did not specify exactly which clauses these were, prompting Association staff to write a letter to the Division requesting that they identify these clauses in writing, in accordance with article 8 of Law 84 which states:
Where administrative authorities find grounds for refusing the registration of an association they must write to the association by registered post informing them of the reasons for this refusal in order that association is able to examine the matter.
In 2004 Association founders presented another registration application to Abdeen Social Affairs Division accompanied with a copy of the founding statute listing the Assocation's main objectives which cover the following four fields:
- Fighting all forms of torture
- Raising awareness of all constitutional and legal rights connected with physical wellbeing
- Offer legal and health services and social assistance to the victims of torture
- Human rights
All of these objectives were refused except for the last, human rights. This violates the individuals' right to form associations and their right to freely pursue their activities and contravenes their constitutional rights.
5. The New Woman Institute
The New Woman Institute submitted a complete registration application on the 6th April 2003 to the Giza Social Affairs Division. On the 8th June 2003 - that is, more than sixty days after the application was submitted - the Institute received a letter from the Division informing it that its application had been refused by security bodies. This led to the Institute taking legal action in the Administrative Court to reverse two decisions; the first preventing the Institute from being registered despite the fact that it is considered to have been legally registered on the 26th October 2003. The second decision challenged by the Institute was the refusal of its registration because of objections made by the security bodies. On the 26th October 2003 the court ruled in favour of the New Woman Institute.
6. The Islamic Medical Association
The Islamic Medical Association was registered by the Ministry of Social Affairs in 1977 and arranged The Association's executive board decided to convene its first annual general assembly on the 6th June 2003. Its agenda included election of a new board of directors. On the 14th May 2003 the Association was surprised by the South Cairo Social Affairs Division's objection to all the candidates nominated for membership of the executive board. The Division did not give any reasons for this objection, and the Association raised legal action in the Administrative Court to stop application of the decision.
7. The Sharayya Association of Beraket el Sabae
The Association's executive board was shocked at the police forces storming of the association's headquarters on the 28th September 2003 accompanied by a replacement executive board whose members were not from Beraket el Sabae and were not members of the Association's general assembly. When the elected executive board refused to hand over the Association's headquarters the police seized its stamps, records and possessions. The executive board raised legal action against the governor of Menoufiyya and the head of the Menoufiyya Social Affairs Division challenging the decision to dissolve the Association's executive board. The case is still being heard.
8. The Charitable Association for Complementary Services in Borg al Borlos
On the 16th August 2003 the Kafr al Sheikh social affairs division refused the Association's application for registration.
9. The Lawyers' Association for the Protection of Human Rights and the Service of the Legal Profession
On the 29th October 2003 the Qena social affairs division refused the Association's registration application
10. The Civil Society Observatory for Human Rights
On the 29th March 2004 the Observatory received a letter informing it that its application for registration had been refused by the general security administration within the Ministry of Social Affairs. This refusal was given after the Observatory. This came after the association had started operating on 2nd March 2004 following its registration letter (number 5502, 2004)
The Observatory works in the following fields:
Give effect to the instruments of human rights
Monitoring human rights violations
Legal support for the victims of human rights violations and publicity of their cases
11. The Human Rights Equality Association - Port Said
The Human Rights Equality Association is the first regional human rights organisation established in the Suez Canal and East Delta region.
The Association works in the following fields:
Monitoring the effectiveness of human rights activity
Legal support for the victims of human rights violations and publicity of their cases
The association suffered administrative injustice when the authorities refused to accept the association's registration letter forcing the founder to send his association's papers by means of a registered Court Clark. However, the administrative authorities issued its decision (number 1 for 2004) rejecting the internal statute of the association with no legal explanation and refusing to register it; a clear violation of the law.
12. The Egyptian Transparency Association
The Association's founding statute was registered under Law 32 [1964] on the 26th July 2000. When Law 84 [2002] was passed however, administrative bodies informed the Association's administrative board on the 9th July 2003 that it had to present papers in order to reorganise its structure according to the new law. On the 28th March 2004 the Association's founder received a letter from the administrative bodies dated the 17th March 2004 informing him that all candidates had been approved except Hassan Ahmed Hassan Eissa under article 11 of the Law. It should be remembered that this law does not give the authorities the right to object to particular individuals, but, rather, allows them to forbid associations from working in certain fields. This compelled the founders to bring legal action in the administrative court demanding that the decision to oppose Eissa's nominating himself to the Association's executive board be reversed.
The Association works in the following fields:
Human rights
Cultural, scientific and religious services
Economic activity
Social development
13. Best Elite Central Association
In 1997 the Association was established and registered with the Ministry of Social Affairs. The Association works in the social, humane and environmental fields through cooperation with governmental and non-governmental organisations.
The Association was subjected to injustice by the administrative authorities who refused to work with the association and issued extra-legal and arbitrary decisions reducing the association from "public benefit" to "local union" status. This forced the association and its administration to raise a complaint (number 9505 for the 57th Judicial Year) at the Administrative Court. The case is still being heard.
b. Social institutes and NGOs dissolved by the Ministry of Social Affairs
1. The Egyptian Association for the Incubation of Small Projects
On the 22nd July 2003 the Giza Social Affairs Division dissolved the Egyptian Association for the Incubation of Small Projects, which was registered under Law 84 [2002] and whose implementing statute was registered in 2002.
2. The Charitable Association for the Assistance of Fishermen
On the 20th September 2003 the Associations and Unions Division of the Kafr al Sheikh Social Affairs Department dissolved the Charitable Association for the Assistance of Fishermen, registered with the Division under number 84.
3. The Neighbourhood Association for Social Aid
On the 21st September 2003 Mohamed Abdel Latif Uthman, representative of the Cairo Social Affairs Department issued a decision to dissolve the Neighbourhood Association for Social Aid registered under number 4986 [2001] in the Rod el Farag Division. The association's registration was withdrawn on the basis of a decision taken during an extraordinary general assembly convened on the 8th August 2003. Its funds were also seized in favour of the Fund to Support Civil Society Associations.
4. The Christian Blossom Association of Egypt.
On the 21st September 2003 Mohamed Abdel Latif Uthman, representative of the Cairo Social Affairs Department issued a decision to dissolve the Christian Blossom Association of Egypt. Its registration (under number 4847 on the 4th February 2001 with the Division) was withdrawn on the basis of a decision taken during an extraordinary general assembly convened on the 25th May 2003. The general assembly decided to voluntarily dissolve the Association because of its inability to realise the objectives for which it was created. Its funds were deposited in the NGO and local institutes support fund.
5. The Zenein Association
The Association offers assistance to orphans. It was registered in Giza under number 482 but in 2004 the governor of Giza issued a decision to dissolve the Association's executive board, preventing the Association from pursuing its activities.
6. The Mar Girgis Association
The Mar Girgis Association, based in Minya, was registered in 1968 and reorganised its structure under Law 84 [2002]. The Association offers social, cultural and religious services. The Association's executive board was surprised by an administrative decision to stop the Association's activity without any legal justification.
c. The social institutes and NGOs registered under Law 84 [2002]
| No | Association | Registration no | Date of registration |
| 1 | The Egyptian Organization for Human Rights | 5220 | 24/6/2003 |
| 2 | The Local Association for the Assistance of Breadwinning Women and Prisoners' Families, Giza | 1865 | 17/9/2003 |
| 3 | The Humane Organization for the Peoples of the United Nations, Giza | 1878 | 17/9/2003 |
| 4 | Plan International Egypt | 4 | 24/4/2003 |
| 5 | The Arab Program for Human Rights Activists | 5398 | 25/10/2003 |
| 6 | The Egyptian Association for Equality and non-discrimination | - | 23/9/2003 |
| 7 | The Human Rights Association for the Assistance of Prisoners | 1820 | 14/7/2003 |
| 8 | The Association for Social and Legal Services in Fow, Kafr al Sheikh | 612 | 18/11/2003 |
| 9 | The Egyptian Organization for the Strenthening of Democratic Development | 5469 | February 2004 |
d. Associations and institutions registered through judicial verdicts
1. Children of the Land Institute for Human Rights
The Institute was registered through a judicial verdict issued by the second district of the Administrative Judicial Court on the 8th February 2004. The case was filed by the founders who demanded that requested the administration's refusal to register the association be reversed. In effect, the court eventually issued its verdict ruling in favour of the association.
The Institute works in the following fields:
Human rights
Defence of the economic, social and cultural rights of farmers and people living in the countryside
2. The Helwan Institute for Social Development (Bashayir)
The Institute was registered through a judicial verdict issued by the second district of the Administrative Judicial Court when its founders raised their case (number 5587 for the 58th judicial year) requesting the administration's refusal to register the association be reversed even though the association became legally registered according to its registration letter (1/6/2003). The refusal came as a result of the administration's objection to two of the nominees for the board of trustees in violation of article 6 of law 84 [2002].
The Institute works in the following fields:
Social development by empowering women, children and the youth
Offering women legal assistance
Fighting violence against women
3. The South Association for Development and Human Rights
The association was registered through a judicial verdict issued by the Administrative Judicial Court on 25nd February 2004; the verdict came in favour of the association and allowed for its registration.
4. The Egyptian Centre for Housing Rights
The centre was registered through a judicial verdict issued by the Administrative Judicial Court on 22nd February 2004 , which was heard by the second division of the disputes division. The verdict came to prove the centre's right to registration and refusing the administration's allegations.
5. Child Centre Institute
The centre was registered through a judicial verdict issued by the Administrative Judicial Court on 9th September 2004 . The founders raised their case objecting to the administration's objections to the nomination of the Centre's members for its administrative assembly. The verdict ruled in favour of the Centre and referred the case to the State Delegate to present a report on the dispute and the Centre's compensation claims.
Section Three: Conclusions and Recommendations
To close, EOHR reaffirms that in order for NGOs to succeed in realising their various democracy and human rights objectives, the freedom to form NGOs must be granted by removing the legal, administrative and financial obstacles which currently hinder their work and be helped to secure funding from the private sector and businessmen. Human rights values must be acknowledged in legislation and regarded as the basis of democratic development. Civil society institutions given a greater role in decision-making and the role between them and the state must be based on partnership rather than sub-ordinance. Old standards governing NGO work must change in order to create a strong civil society capable of participating in the strengthening of democratic values and human rights.
EOHR makes the following recommendations:
1. New legislation to replace Law 84 [2002] must be issued. Law 84 hinders NGO work and the development of Egyptian civil society. It in addition represents a step backwards in comparison with Arab NGO legislations in other countries, in particular Morocco, Lebanon and Yemen. New legislation must respect NGOs and rights and freedoms enshrined in the Constitution and international instruments. Custodianship by governmental bodies of civil society must end: this custodianship represents a serious obstacle to the realisation of any possible development or the democratic change desired by NGOs.
EOHR further affirms that legislators of a new associations' law must abide by the provisions of international human rights instruments and the Egyptian Constitution and apply the freedoms and rights to form and organise NGOs which include:
- The role of NGO freedom in strengthening civil society, a democratic framework, democratic systems and customs and practical respect for the rule of law must be given effect.
- All individuals, whether they have natural or legal personality have the right to participate in the founding and administration of NGOs and the freedom to join and leave them for the sake of realising its aims; NGOs must not share their profits. NGOs in turn may benefit from independent legal personality which enjoys certain rights and freedoms.
- No restraints may be placed on the exercise of these rights other than those provided for in the law and necessary in a democratic society. Any such restraints must be interpreted as narrowly as possible and where there is doubt matters must be resolved in the interests of freedom.
- Allow for the establishment of NGOs by means of a declaration as opposed to the registration system currently implemented
- Allow NGOs to receive funds and grants by merely declaring them as opposed to the current system requiring them to seek prior permission from the Ministry of Social Affairs.
- The state must, in partnership with civil society, work towards putting in place an organisational framework which encourages the exercise of NGO freedom and strengthens an active, democratic and independent civil society. Public administration must deal with NGOs on the basis of equality and without discrimination.
- The basic legal principle on which NGO freedom rests is the right of formation without the need for prior permission. An NGO is formed upon the agreement of its founders which may be made public through prior announcement / notification. No NGO may be subject to prior interference from the executive or judicial authorities.
- The aims or structure of an NGO, the personality or political tendencies of its founders, the number of founders, its nature or the field in which it operates may not be used as a reason for placing restrictions on it formation.
- Administrative procedures surrounding the establishment of an NGO, even those requiring announcement or notification may not form obstacles to the establishment of an NGO. These procedures must be characterised by speed, clarity and simplicity and must be free of charge. They should also not be subject to administrative interference.
- An association enjoys legal personality independent of its members upon the announcement or notification of its foundation together with all the rights which accompany legal personality such as financial and civil status and the right to litigation in any matters concerning its interests or the realisation of its aims. It has the right to possess monetary and non-monetary assets and receive donations, gifts and financial aid.
- Associations have the right to freely change their structure with regard to their aims and the fields in which they work at any time not affected by administrative orders.
- Associations have the right to develop their financial resources including members' fees and gifts, receiving donations, grants and aid from any local or foreign private individual or body with legal personality. It may also pursue activities which bring in an income and profit which the association may use to fund its activities on condition that these profits are not distributed amongst its members.
- The state must draw up laws exempting associations from taxes and fees and encouraging granters and donors by reducing the tax burden on contributions by a reasonable amount. These advantages and exemptions must not turn into a means of interfering in an association's affairs.
- Association freedom does not imply the absence of responsibility and accountability. Associations must be responsible towards all parties of interest, these may include: Association members in all matters, the normal/natural judge, public opinion and public administration (financial affairs only), within the scope of the benefits and special tax arrangements enjoyed by the association.
- Fines must be appropriate with the infraction committed, and criminal penalties may not be imposed on an association's civil activities or on its members. In all cases only the judiciary may impose such penalties after a fair, open trial in which the right of defence is guaranteed.
- The law must explicitly state that the public administration does not have the right to dissolve associations except through the decision of the association's bodies or through a final judicial verdict issued after a fair, open trial during which the association enjoys the right to a defence.
2. The independence of associations must be guaranteed in order to build a civil society capable of participating in the improvement of democratic values and human rights in Egypt. Freedom to form and join organisations and the registration and formation of organisations and their activities must be free from government interference. State interference in the right to form associations must be subject to judicial supervision.
3. A culture of building civil society institutions must be created through the strengthening and anchoring of a number of specific elements of this culture such as encouraging volunteers, accountability and transparency as fundamental elements of civil society values which themselves include acceptance of the other, accountability and transparency as fundamental elements of democracy. Greater space must be given to the civil society culture and activities in the media.
4. Civil society work must be strengthened through:
- The lifting of restrictions placed by the state on NGO work
- NGOs playing a pivotal role in the teaching of democracy and spreading a political culture.
- NGOs' application and entrenching of democratic practice in internal administration and the peaceful transition of authority.
- NGOs encouraging volunteering so that it becomes the distinctive feature of civil society work in Egypt.
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