Context
In recent years, human rights defenders in Egypt have continued to pay a heavy price for their work in protecting and promoting fundamental freedoms.
Because the law regarding the state of emergency has been continuously renewed since 1981, freedom of expression, association and movement continues to be highly restrained ; this directly impacts the activities of human rights defenders. These defenders are considered by the government as "agents provocateurs" and are accused of propaganda and disinformation, or even "threats to national security". 1
Amendments to the Egyptian Constitution that came into force in 2007 further erode fundamental freedoms in the name of the fight against terrorism, resulting in an even greater risk that human rights defenders may be seen as dangerous elements by the authorities. Additionally, an anti-terrorist law that is scheduled to be adopted in 2008 could have the effect of further enabling the provisions contained in the law on the state of emergency.
In this environment of repression, freedom of expression, movement, association and peaceful assembly are seriously endangered for human rights defenders.
Prosecutions for defamation against defenders in order to hinder their activity
In 2007, several defenders were prosecuted for defamation on the basis of article 303 of the Egyptian Penal Code.
Nine lawsuits were filed in 2007, one of which was against Mr. Ibrahim Essa, the chief editor of the newspaper Al-Dustour, and one against blogger M. Karim Ameer, who was sentenced to 4 years in prison for libel against President Mubarak and for insulting Islam.
In October 2007, Mr. Kamal Abbas, the general coordinator of the Center for Trade Unions and Workers Services (CTUWS), and his lawyer Mr. Mohamed Helmy, were also sentenced to one year in prison for contempt and defamation after reporting the corrupt management of a youth centre by the president of the steering committee. 2
Attacks on freedom of association
In 2000, the High Constitutional Court held that freedom of association is a fundamental freedom guaranteed by the Constitution. This freedom, however, is increasingly being undermined in practice. Taken by the authorities as mere work centers, civil society organizations are obliged to act in a very restrictive framework, thus preventing those who defend human rights to structure their work.
The legal existence of associations is governed by Law No. 84, passed by Parliament in 2002, which complements the already very stringent provisions of Law No. 153 of 1999. The text of 2002 submits human rights organizations to review by the Ministry of Solidarity and Social Affairs. The text also provides for criminal penalties against organizations that do not conform strictly to the registration process.
In recent years, the Egyptian authorities have regularly made use of these provisions in order to muzzle civil society.
On September 8, 2007, the governor of Cairo ordered the closure of the Association for Human Rights and Legal Aid (AHRLA), an NGO that specializes in legal assistance and support for victims of torture, which had reported cases of torture in police stations. Officially accused of financial crimes in September 2007, the organisation has had its website shut down and its material and financial resources confiscated. On November 4, 2007, to support the organisation in court and beyond, as well as to reaffirm its determination to fight for unconditional freedom of association, the Observatory for the protection of human rights defenders commissioned an observation mission for the lawsuit by AHRLA against the Minister of Social Solidarity.
After several postponed hearings, the last of which was on March 2, 2008, the verdict has not yet been delivered. AHRLA was forced to change its status and to transform itself into a “society” (law firm) in order to continue its operations.
On March 29, 2007, the section of the Naj-CTUWS Hamadi, in the governorate of Qena (Upper Egypt), was closed by an administrative decision of the city’s mayor. He specifically criticized this section for organizing demonstrations and strikes in the Delta region in December 2006 and January 2007, a charge denied by CTUWS.
On April 10, 2007, the governor of Al-Gharbiya ordered the closure of the section of CTUWS of Mahalla.
Finally, on April 22, 2007, police went to the headquarters of CTUWS at Helwan, in Cairo, and ordered offices to be closed on the basis of an administrative order from the Ministry of Social Affairs. Meanwhile, CTUWS was the target, in April 2007, of a smear campaign conducted by the Egyptian Trade Union Federation (ETUF), who accused CTUWS of instigating workers’ strikes; this illustrates the practice of organizations supported by the authorities carrying out acts with the purpose of denigrating the independent NGOs in order to lesson their credibility.
These events occurred following the publication by the CTUWS, a member of the National Civil Society Alliance to Monitor the Elections, of a report denouncing irregularities in the constitutional referendum on March 26, 2007.
In addition, in 2006, the Governor of Al-Qalyioubiya closed the Ahalina Center in Shubra al-Khaima, and seized the hard drive of the Egyptian Center for Housing Rights, thus depriving its members with information essential for their business. 3
Restrictions on freedom of movement
At a time when the interaction between human rights defender organizations seems to be growing stronger, unacceptable restrictions remain by the Egyptian authorities regarding the freedom of movement of persons engaged in human rights groups.
In January 2007, Mr. Mohamed Abdul Nabi Al Maskati, president of the Bahrain Youth Society for Human Rights (BYSHR), was prevented from attending a conference on youth and human rights held in Egypt.
In February 2008, Judges Hisham Bastawissi and Ashraf El-Baroudi, two strong figures in the struggle for independence of the judiciary in Egypt, were prohibited de facto from leaving the territory of Egypt to go to a seminar on the independence of Justice held from February 9th to 11th, 2008 in Brussels. 4
International Reactions
Faced with the deteriorating situation of human rights defenders and restrictions on fundamental freedoms, some international bodies have expressed their concern in recent years.
In November 2002, the United Nations’ Human Rights Committee recommended for Egypt to amend its legislation and practice by repealing provisions on the authorization of registration, control of funds and the administrative dissolution of associations, and to enable non-governmental organisations to carry out their activities freely, in accordance with Article 22 of the International Covenant on Civil and Political Rights.
A law in 2002 on associations was most recently criticized by the UN Special Representative of the Secretary-General for Human Rights Defenders, who, in 2006, expressed concern regarding the legislative restrictions on the freedom of association in Egypt, in that they are used to permit the authorities to close organisations in an arbitrary manner. 5
On January 16, 2008, the European Parliament asked the Egyptian authorities to “desist from all forms of harassment, including through judicial measures, detention of media professionals and, more generally, of human rights defenders and activists who have been calling for reforms and full respect for freedom of expression.”
Recommendations
In view of the situation in Egypt, the Observatory for the Protection of Human Rights Defenders recommends to the Egyptian authorities:
– to immediately and unconditionally lift the state of emergency as it greatly restricts the freedoms of human rights defenders;
– to repeal any law or constitutional provision that restricts the peaceful activities of civil society;
– to guarantee under all circumstances the physical and psychological integrity of all Egyptian and foreign defenders operating in Egypt;
– to put an end to all forms of harassment, including judicial proceedings against human rights defenders in Egypt.
With regard to freedom of association,
– to amend Law No. 84 2002 in order to:
– put an end to the approval procedure for the registration of an association and replace it with a procedural declaration;
– ensure that the refusal of registration, or the dissolution or suspension of an association can be imposed only by court decision, and that those refusals are backed with more evidentiary support and are subject to appeal;
– remove any restrictions that impede access to foreign funds, in particular by removing the reference to "permission from the competent minister."
– to respect the 60-day deadline for the registration procedure, as provided for by Article 6 of Law No. 84 of 2002;
– to review the administrative decisions on the arbitrary closure imposed on associations such as the CTUWS or AHRLA;
– to abide by the provisions of the Declaration on human rights defenders, adopted by the United Nations General Assembly on December 9, 1998, and more particularly:
- Article 1, which provides that "[e]veryone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels,"
- Article 5 which states that "everyone has the right, individually and in association with others, at the national and international levels [...] to meet and assemble peacefully; [...] to form, join and participate in non-governmental organizations, associations or groups; [...] to communicate with non-governmental or intergovernmental organizations,"
- Article 6 (b) which states that "everyone has the right, individually and in association with others, as provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms,”
- Article 12.2, which provides that "[t]he State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration."
- to implement the recommendations of international bodies such as the United Nations Human Rights Committee;
more generally, to abide by the provisions of the Universal Declaration of Human Rights and regional and international instruments on human rights ratified by Egypt, especially the International Covenant on Civil and Political Rights.