CSOs in Egypt condemn and reject violations of rights

Serious developments regarding the violations of rights in Egypt are becoming more evident, as the Ministry of Social Solidarity proposes a new law, which would constitute a dangerous escalation in the framework of systematic targeting of civil society activists and the increasing restrictions imposed upon them.

On 26 June 2014, the Egyptian ministry in charge of regulating civil society organization proposed a new draft law, causing shockwaves among civil society organizations (CSOs) in the country. For six months, they had carried out negotiations with former Social Solidarity Minister Dr. Ahmed el-Boraei, which led to a proposed law to be presented to forthcoming parliament soon after the elections.

However, the law proposed by the current minister will erase all the previous efforts and contains signs of an effort to undermine and quell civil society in Egypt. Through the law, the ministry aims to "nationalize around 40 thousand civil society groups and make them quasi­governmental adjuncts", which "closely [resembles] the proposed law put up for discussion during the Muslim Brotherhood’s rule".1 The proposed law constitutes a plain and flagrant violation of the new Egyptian constitution and the country's human rights obligations, especially Article 22 of the International Covenant for Civil and Political Rights (ICCPR).2

Yet the Ministry was not satisfied with merely proposing the draft; three weeks later, it sent out a warning in the form of an announcement in state owned Al-Ahram newspaper on Friday 18 July of this year. The caution addressed what it dubbed as "entities" performing civil society work, which have not been registered in accordance with Law 84 of 2002, alerting them of the need to register in 45 days or they will be dissolved.

This was followed by a memorandum sent by 23 rights organizations to the Egyptian Prime Minister on 24 July, declaring their rejection of the draft law and other escalatory measures. The memo indicated that the warning constitutes a "blatant attack on other long-established legal systems regulating companies in the fields of law and other activities related to development, academia, and culture".3 Several organizations in Egypt prefer to register under the civil company law or as law offices to avoid interference in its affairs and strict control by the government. Based on its faith in the critical role of civil society and community organizing in the quest towards reforms and providing a rights-based and humane character on public life, Arab NGO Network for Development (ANND) strongly condemns the draconian practices of the Ministry of Social Solidarity in Egypt. ANND also expresses its deep concern for the increasing antagonism against the work of civil society organizations in the various fields of intervention, in the assault on the freedom of expression – targeting journalists in particular, the right to peaceful assembly and protest – in the adoption of the Law on the Right to Public Meetings, Processions and Peaceful Demonstrations of 2013, which imposes severe restrictions, and, today, through the onslaught against civic associations and the enforcement of tight controls, especially in light of the adoption of the system of registration, instead of notification [of association].

ANND lends it voice to the signatories on the memo and all civil society and community-based organizations in Egypt, due to the negative and destructive repercussions of such measures on Egyptian civil society, calling on the Egyptian prime minister to abide by his commitments to human rights organizations, through holding a wide meeting to discuss these measures.

Remarkably, during the Universal Periodic Review (UPR) of its human rights obligations in 2010, Egypt had pledged to improve the environment for the work of non-governmental organizations. The Ministry's initiative to adopt the law is inconsistent with this commitment, in all respects, and occurs two months prior to Egypt's human rights revision during UPR second­cycle, where it will be accountable to the Human Rights Council on the extent of its honoring such commitments.

ANND reiterates the critical demands in the memo to the prime minister, namely:

* Retracting the draft law on civil society organizations, which was recently put forward by the Ministry of Social Solidarity and which adopts a hostile stance towards the work of civil society.
* Revoking the notice issued by the Ministry of Social Solidarity in Al Ahram newspaper – noting that any step to postpone its implementation alone would merely delay the disaster and that it should be revoked unequivocally.
* Demanding the Ministry of Social Solidarity to initiate deliberations with civil society organizations, based on the grounds reached in the dialogue with former Minister of Social Solidarity, Ahmed Boraei, and improving it to become more consistent with international standards and the Egyptian constitution (ratified by general referendum at the start of this year), to present the to the new parliament once elections are held.

Further information:

Memo to Dr. Ibrahim Mahlab, Prime Minister of Egypt, by 23 rights organizations: http://www.cihrs.org/wp-content/uploads/2014/07/Memo-to-Dr.-Ibrahim-Mahlab.pdf.

Memo to the President of Egypt by CIHRS: http://www.cihrs.org/wp­content/uploads/2014/09/Memorandum-to-Mr.-President.pdf.

Notes:

1. Cairo Institute for Human Rights Studies, "Memorandum to the President from the CIHRS on the Constitution, Law, and the Emancipation of Civil Society," 27/8/2014, http://www.cihrs.org/?p=9097&lang=en.

2. United Nations General Assembly, International Covenant for Civil and Political Rights, adopted on 16/12/1966, http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx.

3. Cairo Institute for Human Rights Studies, "23 Rights Organizations Demand that the Government Stop Fighting Civil Society and Review Its Policy towards NGOs", 24/7/2014, http://www.cihrs.org/?p=8976&lang=en.

Source: ANND.