Egypt
24.05.02
Urgent Interventions
Egypt: New law on associations threatens the work of NGOs
URGENT APPEAL – THE OBSERVATORY
New Information
EGY 032/9905/OBS 032.03
Legislative restrictions to freedom of association
EGYPT
24th May 2002
The Observatory for the Protection of Human Rights Defenders, a joint FIDH and OMCT program, requests your urgent intervention in the following situation in Egypt.
New Information :
The Observatory has been informed by the Egyptian Organization for Human Rights (EOHR) that a draft law on non governmental organisations (NGOs), which includes very restrictive provisions on freedom of association, has been presented by the government to the Egyptian Parliament. The Shoura Council (Upper House) adopted the draft on first reading on 22 May 2002 and will now discuss it article by article. The draft will be discussed by the People’s Assembly next week.
This draft law maintains the same provisions of the Law on Civil Associations and Institutions adopted in 1999 (Law 153 of 1999), which had been declared unconstitutional by the Constitutional High Court in June 2000 (see urgent appeal EGY 032/9905/OBS 032.02 and investigative report of the Observatory: Legal and Judicial Assaults on Human Rights Defenders in Egypt, May 2001).
The Constitutional High Court held the act as unconstitutional on grounds of procedural irregularities relating to its enactment, in particular the fact that it had not been presented to the Shoura Council before being adopted by the People’s Assembly. The Constitutional Court also mentioned three other points: the provisions on disputes which must be referred to a civil and non administrative jurisdiction, the authorisation system to which the NGOs are submitted, and finally the penal sanctions to which the active voluntary workers in NGO are liable.
The Observatory is particularly concerned by the fact that this bill of law gives the administrative body, represented by the Ministry of Social Affairs, broad powers over civil associations.
It indeed maintains the same restrictive articles than law N°153 of 1999 related to : the necessity of having the consent of the Ministry of Social Affairs to register civil associations; the ban of practicing political and unions’ activities without these two activities being defined, which can lead to restrictive and arbitrary interpretation as far as NGO activities are concerned ; the compulsory administrative intervention for the constitution of the board of directors of the association ; as well as to the necessity of getting an authorization to receive funds and an authorization to be affiliated to international associations and organisations.
Moreover, whereas article 42 of the Law of 1999 provided that the Ministry of Social Affairs had to present a request to the competent court to dissolve an association, new article 42 gives the Ministry the power to dissolve an association by an administrative decree, without any judicial decision, as well as to appoint a judicial guard and to proceed to the confiscation of all the documents and monies.
The Observatory is very concerned by these provisions which are a flagrant violation of international human rights instruments ratified by Egypt, in particular the International Covenant on Civil and Political Rights, and of the Declaration on Human Rights Defenders, adopted by the UN General Assembly on 9 December 1998, in particular of its articles 3, 5 and 13, which respectively state that:
- Article 3: “Domestic law consistent with the Charter if the United Nations and other international Obligations of the State in the field of human rights and fundamental freedoms is the juridical framework within which human rights and fundamental freedoms should be implemented and enjoyed and within which all activities referred to in the present Declaration for the promotion, protection and effective realization of those rights and freedoms should be conducted.”
- Article 5: “For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels: a) to meet or to assembly peacefully; b) to form, join and participate in non-governmental organizations, associations or groups; c) to communicate with non-governmental or intergovernmental organizations.”
- Article 13: “Everyone has the right […] to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means, in accordance with article 3 of the present declaration.”
Action requested :
Please write to the Egyptian authorities urging them to:
i immediately review the draft law and take appropriate measures to guarantee that any future law on associations is in conformity with the UN Declaration of Human Rights Defenders adopted by the UN General Assembly on December 9 1998 (Declaration concerning the rights and responsibilities of individuals, groups and institutions to promote and protect universally recognized human rights and fundamental liberties );
ii. ensure the implementation of the provisions of the Declaration on Human Rights Defenders in particular its Article 1 which provides that “ Every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level ” as well as the articles above mentioned;
iii. guarantee the effective respect of fundamental human rights and freedoms in accordance with the provisions of the Universal Declaration of Human Rights and the universal and regional Pacts and Covenants ratified by Egypt .
Adresses:
His Excellency Mohammad Hosni Mubarak, President of the Arab Republic of Egypt
E-mail: webmaster@presidency.gov.eg
Fax : + 202 390 1998
Telex: 93794 WAZRA UN
His Excellency General Habib al-'Adeli, Minister of the Interior
Fax: + 202 579 2031
E-mails: moi2@idsc.gov.eg
His Excellency Farouk Solf Al Nasr, Minister of Justice
Fax: +202 355 81 03
Paris, Geneva, 24th May 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
Tel and fax FIDH +33 (0) 1 43 55 20 11 / 01 43 55 18 80
Tel and fax OMCT + 4122 809 49 39 / 41 22 809 49 29
E-mail: observatoire@iprolink.ch
New Information
EGY 032/9905/OBS 032.03
Legislative restrictions to freedom of association
EGYPT
24th May 2002
The Observatory for the Protection of Human Rights Defenders, a joint FIDH and OMCT program, requests your urgent intervention in the following situation in Egypt.
New Information :
The Observatory has been informed by the Egyptian Organization for Human Rights (EOHR) that a draft law on non governmental organisations (NGOs), which includes very restrictive provisions on freedom of association, has been presented by the government to the Egyptian Parliament. The Shoura Council (Upper House) adopted the draft on first reading on 22 May 2002 and will now discuss it article by article. The draft will be discussed by the People’s Assembly next week.
This draft law maintains the same provisions of the Law on Civil Associations and Institutions adopted in 1999 (Law 153 of 1999), which had been declared unconstitutional by the Constitutional High Court in June 2000 (see urgent appeal EGY 032/9905/OBS 032.02 and investigative report of the Observatory: Legal and Judicial Assaults on Human Rights Defenders in Egypt, May 2001).
The Constitutional High Court held the act as unconstitutional on grounds of procedural irregularities relating to its enactment, in particular the fact that it had not been presented to the Shoura Council before being adopted by the People’s Assembly. The Constitutional Court also mentioned three other points: the provisions on disputes which must be referred to a civil and non administrative jurisdiction, the authorisation system to which the NGOs are submitted, and finally the penal sanctions to which the active voluntary workers in NGO are liable.
The Observatory is particularly concerned by the fact that this bill of law gives the administrative body, represented by the Ministry of Social Affairs, broad powers over civil associations.
It indeed maintains the same restrictive articles than law N°153 of 1999 related to : the necessity of having the consent of the Ministry of Social Affairs to register civil associations; the ban of practicing political and unions’ activities without these two activities being defined, which can lead to restrictive and arbitrary interpretation as far as NGO activities are concerned ; the compulsory administrative intervention for the constitution of the board of directors of the association ; as well as to the necessity of getting an authorization to receive funds and an authorization to be affiliated to international associations and organisations.
Moreover, whereas article 42 of the Law of 1999 provided that the Ministry of Social Affairs had to present a request to the competent court to dissolve an association, new article 42 gives the Ministry the power to dissolve an association by an administrative decree, without any judicial decision, as well as to appoint a judicial guard and to proceed to the confiscation of all the documents and monies.
The Observatory is very concerned by these provisions which are a flagrant violation of international human rights instruments ratified by Egypt, in particular the International Covenant on Civil and Political Rights, and of the Declaration on Human Rights Defenders, adopted by the UN General Assembly on 9 December 1998, in particular of its articles 3, 5 and 13, which respectively state that:
- Article 3: “Domestic law consistent with the Charter if the United Nations and other international Obligations of the State in the field of human rights and fundamental freedoms is the juridical framework within which human rights and fundamental freedoms should be implemented and enjoyed and within which all activities referred to in the present Declaration for the promotion, protection and effective realization of those rights and freedoms should be conducted.”
- Article 5: “For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels: a) to meet or to assembly peacefully; b) to form, join and participate in non-governmental organizations, associations or groups; c) to communicate with non-governmental or intergovernmental organizations.”
- Article 13: “Everyone has the right […] to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means, in accordance with article 3 of the present declaration.”
Action requested :
Please write to the Egyptian authorities urging them to:
i immediately review the draft law and take appropriate measures to guarantee that any future law on associations is in conformity with the UN Declaration of Human Rights Defenders adopted by the UN General Assembly on December 9 1998 (Declaration concerning the rights and responsibilities of individuals, groups and institutions to promote and protect universally recognized human rights and fundamental liberties );
ii. ensure the implementation of the provisions of the Declaration on Human Rights Defenders in particular its Article 1 which provides that “ Every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level ” as well as the articles above mentioned;
iii. guarantee the effective respect of fundamental human rights and freedoms in accordance with the provisions of the Universal Declaration of Human Rights and the universal and regional Pacts and Covenants ratified by Egypt .
Adresses:
His Excellency Mohammad Hosni Mubarak, President of the Arab Republic of Egypt
E-mail: webmaster@presidency.gov.eg
Fax : + 202 390 1998
Telex: 93794 WAZRA UN
His Excellency General Habib al-'Adeli, Minister of the Interior
Fax: + 202 579 2031
E-mails: moi2@idsc.gov.eg
His Excellency Farouk Solf Al Nasr, Minister of Justice
Fax: +202 355 81 03
Paris, Geneva, 24th May 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
Tel and fax FIDH +33 (0) 1 43 55 20 11 / 01 43 55 18 80
Tel and fax OMCT + 4122 809 49 39 / 41 22 809 49 29
E-mail: observatoire@iprolink.ch