The Observatory for the Protection of Human Rights Defenders, a joint program of the FIDH and the OMCT, would like to express its deepest concern about the rejection of the registration of two Egyptian Human Rights organizations, based on Law 84 of 2002 related to Non-Governmental Organizations and its executive regulations, and upon the request of Security authorities.
The Observatory has been alerted by several Egyptian Human Rights and Civil Society Non-Governmental Organizations (NGO) that have denounced a security directed orientation of the Egyptian government that constitutes a violation of all constitutional rules and of the human rights instruments ratified by the Egyptian government. This situation occurred after two organizations proceeded to the registration according to the new regulations and were eventually denied the right to exist legally or the permission to receive funding from abroad by the Ministry of Social Affairs. For instance, the application of the New Woman Research Center was rejected on the basis of a letter from the Security Directorate of Giza addressed to the Giza Directorate of the Ministry of Social Affairs and stating that "security authorities do not agree upon the registration of the mentioned institution".
The Observatory condemns any form of pressure that would be exerted by any security authority over the administration of the Ministry of Social Affairs in order to prevent the registration of a new NGO.
A second organization, The Land Center for Human Rights applied in the same way and did not receive any reply from the Ministry of Social Affairs by the end of the 60 days period set in the law. This organization will therefore be considered illegal within few days.
The Observatory also recalls that, regarding the restrictions on freedom of association, the law 84 of June 2002 goes further than the previous law enacted in 1999 and that the Constitutional High Court had declared unconstitutional in June 2000. Thus, concerning the restriction of civil activity, the Observatory believes that the purpose of the Law 84 of 2002 will indeed amount to impose State authority on civil society through usurping the will of NGO members and imposing penalties on the activities of voluntary civil society.
Furthermore, the law contains wide powers allowing the Minister of Social Affairs to dissolve NGOs at its own discretion; the two cases mentioned above show that the refusal from the Ministry of Social Affairs is not motivated and could be considered as arbitrary decisions. Therefore, the Observatory claims that any case of NGO disbanding should come before a regular court and that such a court should be the only competent organ to examine any case where an NGO contravenes the law.
The Observatory calls for the amendment of the current law and urges the government to uphold the rights and freedoms contained in the international covenants, in particular the freedom of association guaranteed in article 20 of the Universal Declaration of Human Rights of 1948 as well as article 22 of International Covenant on civil and political rights of 1966, ratified by Egypt in 1982 and article 8 of the UN Declaration on Human Rights Defenders of 1998.
The Observatory reaffirms the concerns it has already mentioned in its Annual report of 2002 and several letters sent to the highest authorities and will refer this matter to Mrs. Hina Jilani, Special Representative of the UN Secretary General on Human Rights Defenders, who already reported on the issues raised by the present law related to Non-Governmental Organizations during the last session of the UN Commission on Human Rights.
Yours respectfully,
Sidiki KABA Eric SOTTAS
President of the FIDH Director of the OMCT