Freedom of association in jeopardy - The EMHRN and the Observatory concerned about the deterioration of the conditions for the enjoyment of freedoms of association and peaceful assembly in Egypt

THE EURO-MEDITERRANEAN HUMAN RIGHTS NETWORK AND THE OBSERVATORY FOR THEPROTECTION OF HUMAN RIGHTS DEFENDERS CONCERNED ABOUT THE DETERIORATION OF THECONDITIONS FOR THE ENJOYMENT OF FREEDOMS OF ASSOCIATION AND PEACEFUL ASSEMBLYIN EGYPT

After a fact-finding and advocacy mission onfreedom of association and the situation of civil society organisationsconducted in Egypt from February 11 to 14, 2012, the Euro-Mediterranean HumanRights Network (EMHRN) and the Observatory for the Protection of Human RightsDefenders - a joint programme of the International Federation for Human Rights(FIDH) and the World Organisation Against Torture (OMCT) - are publishing todaythe findings of the mission, and note that one year after the Revolution, theconditions for the enjoyment of freedoms of association and peaceful assemblyin Egypt have significantly deteriorated. Our organisations are particularlyconcerned about the direct attacks by the government against Egyptian andinternational human rights NGOs.

The delegation was composed of Kamel Jendoubi, EMHRN President andmember of OMCT Executive Council; Raji Sourani, FIDH Vice-President; KhadijaCherif, FIDH Secretary General on behalf of the Observatory; and Abdessatar BenMoussa, President of the Tunisian League for Human Rights (Ligue Tunisienne des Droits de l’Homme - LTDH, a member organisation of EMHRN, FIDHand OMCT), and met representatives of Egyptian human rights organisations, thegovernment and Parliament, as well as the EU, other European countries and theUnited States.

The delegation found that:

1. Themedia and political campaign aimed at discrediting human rights NGOs byaccusing them of ‘representing foreign interests’ is particularly harmful andvirulent, and serves to undermine the public support enjoyed by these civilsociety organisations, which played an important role in the revolution and indenouncing the violations perpetrated under the regime of former PresidentHosni Mubarak;

2. Directattacks against NGOs are continuing. Following the December 2011 raids in theoffices of several Egyptian and international NGOs, legal proceedings wereinitiated against 43 employees of U.S. and German NGOs on February 26, 2012,for having opened offices in Egypt illegally and having received funds fromabroad. The intimidation is targeting not only these foundations but all humanrights NGOs in general, in an attempt to hinder their activities. Since theFebruary 2011 revolution, these organisations have been denouncing the abuses committedby the military council, in particular the severe crackdowns on demonstrationswhich resulted in many protesters being killed, and the ongoing attempts tocurtail the rights to freedom of expression, assembly and association;

3. Althoughthey denied that a final draft legislation on associations has been prepared,government representatives made it clear that they intended to ensure that thereformed legislative framework will maintain civil society organisations undertight control, by forcing them to obtain prior authorisation to conduct theiractivities, by exerting greater control on funding from outside sources and byprohibiting them from carrying out any ‘political’ activities, a measure thatis clearly aimed at restricting the human rights associations' activities of civil vigilance and ofdenunciation of abuses;

4. In2011, several demonstrations were violently suppressed, and some of thedefenders covering the human rights violations perpetrated in that frameworkwere arrested and subjected to judicial harassment.

The EMHRN and the Observatory express theirsolidarity with Egyptian human rights organisations, which are conducting theiractivities of civil vigilance in increasingly difficult conditions and arefacing the threat of prosecution in the exercise of their legitimateactivities.

Our organisations reiterate their concern aboutthe deteriorating environment for the enjoyment of the rights to freedom ofassociation and peaceful assembly, and call upon the Egyptian authorities tocomply with their international and constitutional obligations in this regard -and in particular to immediately put an end to all judicial proceedings andacts of harassment against human rights defenders and non-governmentalorganisations - and to initiate a genuine democratic transition process, whichis a prerequisite for the development of a diverse, independent civil society.

Our organisations also call upon the Egyptiangovernment to accede as soon as possible to the requests to visit Egypt made bythe United Nations Special Rapporteur on the Rights to Freedom of PeacefulAssembly and Association, and the UN Special Rapporteur on the Situation ofHuman Rights Defenders, especially in light of the intervention made by theEgyptian mission on the occasion of the interactive dialogue with the SpecialRapporteur on the Situation of Human Rights Defenders during the 19thsession of the United Nations Human Rights Council.

In particular, the EMHRN and the Observatoryurge the newly elected representatives of the Egyptian people in Parliament tobreak with past practices and to encourage the development and expression of anactive and autonomous civil society. This requires the adoption of alegislative framework on associations compatible with international standards inthis area, in consultation with civil society organisations, some of which havesubmitted a proposal in that regard. It is useful to remind that theimplementation of international standards on freedom of association and of goodfinancial management practices favour transparency in the administration ofassociations without requiring interference and prior control by theauthorities.

The EMHRN and the Observatory callupon the European Union to engage in the active promotion of the rights tofreedom of association and peaceful assembly in Egypt, to implement theinstruments designed to support civil society created in the framework of theEuropean Neighbourhood Policy and the Guidelines on Human Rights Defenders, andto make any future cooperation with the Egyptian government conditional uponthe achievement of genuine democratic progress and respect for public freedoms.

Ourorganisations call upon the UN Special Rapporteur on the Situation of Human Rights Defenders, the UNSpecial Rapporteur on the Rights to Freedom of Peaceful Assembly and ofAssociation, and the Special Rapporteur on the Situation of Human RightsDefenders in Africa of the African Commission on Human and Peoples' Rights tocall upon the Egyptian authorities to guarantee the physical and psychologicalintegrity of all human rights defenders in Egypt, to prevent and put an end toviolations of fundamental rights and freedoms, and to investigate all suchviolations when they occur, and bring all those responsible to justice.

The findingsof the mission are available at the following URLs:

http://www.euromedrights.org/files.php?force&file=Note_Mission_Egypte_ENG_FINAL_348951331.pdf

http://fidh.org/IMG/pdf/note_mission_egypte_eng_final.pdf

http://www.omct.org/files/2012/03/21687/note_mission_egypte_eng.pdf

Contacts:

· EMHRN:Hayet Zeghiche: +32 2 503 06 86 / Bérénice Michard: +33 1 48 18 06 86

· FIDH:Karine Appy / Arthur Manet: +33 1 43 55 25 18

· OMCT:Delphine Reculeau: +41 22 809 49 39