Egypt
11.06.03
Urgent Interventions
Egypt : Open letter to the President of the Republic, Mr. Mohammad Hosni Mubarak
Open Letter
To his Excellency Mohammad Hosni Mubarak
President of the Arab Republic of Egypt
Paris - Geneva, 11th June 2003
Mr. President,
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, President of the FIDH Eric SOTTAS, Director of the OMCT
To his Excellency Mohammad Hosni Mubarak
President of the Arab Republic of Egypt
Paris - Geneva, 11th June 2003
Mr. President,
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, President of the FIDH Eric SOTTAS, Director of the OMCT