Joint Statement: New Law Will Cripple Egyptian NGOs

We the undersigned civil society organizations stronglycondemn the ratificationof a new law regulating non-governmental organizations (NGOs) in Egypt, issuedby President Abdel-Fattah El Sisi on Wednesday, May 24. The law ushers inunprecedented levels of repression and will criminalize the work of many NGOs,making it impossible for them to function independently.

Implications of the law include the absence of valuablehuman development and charity initiatives, and a media opacity and lack ofaccountability around government abuses. These functions of Egyptian NGOs areparticularly essential amid the current security and socioeconomic crises.Vulnerable Egyptians and refugees on Egyptian territory are in ever-growingneed of the support and essential services provided by the NGOs targeted bythis law—such as social services, education and poverty alleviation, as well aslegal, medical or psychological support to survivors of torture, abuse andgender-based violence.

The law is virtually the same as earlier legislation approvedby the Egyptian parliament on November 29, 2016, but shelved after widespreadinternational criticism.

Under Law 70 of 2017 for Regulating the Work of Associationsand Other Institutions Working in the Field of Civil Work, all NGOs areprohibited from conducting activities that “harm national security, publicorder, public morality, or public health,” vague terms that can be abused toconstrain legitimate activity. The bill creates a “National Authority forthe Regulation of Foreign Non-governmental Organizations” that includesrepresentatives of Egypt’s top national security bodies—the GeneralIntelligence Directorate and the Defense and Interior Ministries—as well asrepresentatives from the Foreign Affairs Ministry and the Central Bank ofEgypt. The authority will oversee the work of NGOs, including any funding orcooperation between Egyptian associations and any foreign entity. The lawprohibits any Egyptian government body from making agreements with NGOs withoutthe authority’s approval.

The law strictly controls the funding of NGOs. It statesthat associations must obtain permission from the authority 30 days in advanceto receive donations from Egyptian entities or individuals inside Egypt andmust inform the Social Solidarity Ministry upon the receipt of such funds. Thelaw further states that associations may receive funding or grants from foreignentities inside Egypt or Egyptian or foreign entities outside Egypt as long asthe authority is notified within 30 days of receipt. The authority then has theright to reject the funding within a 60-day period following its notification.Associations may not use these funds within the 60-day review period.

Additionally, the law gives the government the authority tomonitor and challenge NGOs’ day-to-day activities, from choices in leadershipto the schedule of internal meetings. Even a move as administrative asrelocating headquarters to another building without informing the authoritiesis punishable under the law. The law creates a blanket and ambiguous provisionauthorizing the Egyptian government to cancel a foreign NGO’s license at anytime if the NGO’s work is deemed to be harming national security or publicsafety or disturbing public order, or per the principle of reciprocity.

Thus, state bodies assembled in this new authority—includingsecurity bodies—are given the power to interfere in every aspect of NGOs’existence, administration and activities. Parliamentarians claimed the law willmake this sector more “secure” by ensuring robust oversight, but it is doubtfulthat this authority will have the capacity to effectively oversee a thrivingand active NGO sector. Rather, full implementation of the law will induceparalysis and eventual closure of much of the nonprofit sector, as many NGOrequests for licensing or approval of funding will likely go unanswered and beconsidered denied by default. Yet Egyptians are in severe and growing need ofthe services and support NGOs provide. The country needs the non-profit sectorto grow, not to wither away.

The law punishes a host of violations by one to five yearsin prison and a fine of 50,000 to 1,000,000 Egyptian pounds. Among theprohibited activities that could result in a prison sentence are:

· establishing an NGO that is deemedto have breached national unity, national security, public order or publicmorals;

· assisting or working with a foreignNGO that is conducting work in Egypt without a license;

· establishing or managing any entitythat does NGO work without following the provisions of this law; and

· sending or receiving foreign fundsas a president or member of an NGO in violation of the law’s provisions.

Anyone who issues a license to an NGO whose work violatesthe law, obstructs the government from inspecting an NGO’s paperwork, orconducts public opinion surveys or fieldwork or moves an NGO office withoutapproval faces a prison sentence of up to one year or a possible fine of 20,000to 500,000 Egyptian pounds.

This law contravenes Egypt’s commitment to internationalhuman rights law, including the International Covenant on Civil and PoliticalRights, which states that no restrictions may be placed on the right to freeassociation other than those “which are necessary in a democratic society inthe interests of national security or public safety, public order, theprotection of public health or morals or the protection of the rights andfreedoms of others.” No restriction should undermine the essence of the rightto freedom of association itself.

We call upon the Egyptian government to drop all existingcriminal investigations into NGOs and to repeal this law in accordance with itsdomestic and international obligations to protect freedom of association.

Restricting civil society to this degree eliminates a pathfor Egyptian citizens to peacefully express dissent, hold the governmentaccountable for human rights violations, and access human developmentinitiatives at a time of economic hardship. By constraining civil society, thegovernment has made it more difficult for NGOs to respond to social needs thatat times can lead to unrest, such as recent increases in the price ofbread. Increased state control of Egyptian NGOs results in opacitysurrounding security threats and terror attacks and gives perpetrators theopportunity to shape thenarrative of the struggle between the state and violent extremists.

Additionally, we call on Egypt’s international partnersproviding foreign assistance and economic aid such as the United States and theEuropean Union to use their influence to urge the Egyptian government to allowNGOs to fulfill their function within civil society. Moreover, internationalbodies such as the United Nations and United Nations Human Rights Council, andtheir member states, must endeavor to use their positions as mediators withinthe international community to hold Egypt accountable for legislation thatmuzzles civil society to such a severe degree.

It should not be a crime to advocate for human rights anddevelopment in Egypt, but this law does just that, crippling civil society foryears to come.

Signatories:

· The Tahrir Institute for Middle EastPolicy (TIMEP)

· Human Rights Watch (HRW)

· Cairo Institute for Human RightsStudies (CIHRS)

· CIVICUS

· World Organisation Against Torture(OMCT), within the framework of the Observatory for the Protection of HumanRights Defenders

· FIDH, within the framework of theObservatory for the Protection of Human Rights Defenders

· Associazione Ricreativa CulturaleItaliana (ARCI)

· Un Ponte Per