Joint Open Letter: The silencing of Egypt’s civil society – the EU must uphold its policy commitments

Mr. Donald Tusk, President of theEuropean Council

EU Member State Ministers of ForeignAffairs

Ms. Federica Mogherini, HighRepresentative of the European Union for Foreign Affairs and Security Policyand Vice-President of the European Commission

12 December 2016

Subject: The silencingof Egypt’s civil society – the EU must uphold its policy commitments

We,the 16 undersigned civil society organisations, urge you to take immediate measures toaddress Egypt's escalating repression and silencing of civil societyorganizations, including prominent Egyptian human rights defenders (HRDs). In particular, your presence inCairo for the 20 December EU-Arab League ministerial-level dialogue provides akey opportunity to raise these concerns at a high level with Egypt.

The new law oncivic associations (NGOs), drafted without consultation of independent civilsociety, adoptedby Egypt's Parliament and referred to the Presidency on 29 November 2016 forratification. Thislaw thoroughly violates the constitutionally guaranteedright to freedom of association and Egypt’s many international legal commitments to upholdit.[i] UNSR Mr. Maina Kiai warned that the bill “aimsto destroy Egypt’s foundation for peaceful, civic engagement at its very roots.If it becomes law, it would devastate civil society not only in the short term,but possibly for generations to come.”[ii] Itwould effectively end Egypt's independent human rights movement and cripplecivil society in the country overall, by putting all NGOs firmly under controlof the government and security establishment, under threat of heavy penalties.[iii]

Thiscoincides with the imposition of unconstitutional travel bans on five HRDs in November 2016, including WHRDs Ms. Azza Soliman,founder of the Center for Egyptian Women’s Legal Aid (CEWLA) and Dr. Aida Seifal-Dawla, founder of Al-Nadim Center for Rehabilitation of Victims of Violence.Ms Soliman’s personal bank account and that of her law firm, Lawyers forJustice and Peace, have been frozen. Ms Soliman was arrested from herhome on December 7 and taken for interrogation in the ongoing investigationinto the foreign funding of local NGOs, known as Case no. 173/2011; this wasthe first arrest warrant executed against an NGO leader in Egypt. At theDec. 12 hearing on her asset freeze, lawyers discovered the Court is alsoconsidering asset freezes against Nazra for Feminist Studies, its directorMs Mozn Hassan, as well as the Arab Penal Reform Association, itsdirector Mr Mohamed Zarea and a staff member—without notifying theseparties. In another unprecedented move, an Egyptian court sentenced Mr YehiaQallash, the head of the journalists’ union, and two of its board members, totwo years in prison in November 2016 for “harbouring wanted colleagues” and“spreading false news.”[iv] Suchmeasures were rightly denounced by the EEAS[v]and several European Member States as well as a raft of UN figures.[vi]

Thiscrackdown on civil society is more counter-productive than ever. As Egypt isconfronted by a growing socio-economic and financial crisis, its poorestcitizens will be in ever-greater need for support from many of the NGOstargeted by the law—including those focused on development and povertyalleviation which provide essential services to vulnerable citizens. Inaddition, the silencing of the Egyptian human rights community will leave the victimsof unlawful detention, enforced disappearance or torture by the authorities,without support. Theabsence of a deterrent on the ground—HRDs able to document, report and denounceviolations—allows for the escalation of violations by security forces, which is counterproductive topromoting stability in Egypt: injustices fuel grievances, and worsen the conditionsthat sparked revolt in 2011.

Further,civil society offers one of very few arenas for Egyptian women to activelyparticipate in the public sphere. Closing this space will further marginalizewomen and their crucial role in Egypt’s development. High-profile independentwomen’s rights organisations, notably Nazra for Feminist Studies and CEWLA,have been targeted in the crackdown. They provide essential services tosurvivors of violence and marginalized women, and play a key role in holdingthe government to account regarding implementation of the National Strategy forthe Elimination of Violence against Women in Egypt.

Inthe reopened Foreign Funding Case (no. 173/2011), at least 4 rightsorganisations and 6 prominent NGO workers or directors have already beensubjected to asset freezes; at least 15 leading Egyptian human rights defendershave been subjected to arbitrary, unconstitutional travel bans[vii]; and more than a dozenNGO staff and directors have been summoned for interrogation. If the casegoes to trial, these defenders would face 25 years in prison under Penal CodeArticle 78 if found guilty of acts harmful to "national interests"or “general peace” or “the country’s independence and its unity".

The European Union hasrightly recognized the fundamental role of civil society for stabilisation ofthe MENA region, and the building of resilient societies and political systems,making it a key element of the EU Global Strategy and of the revised EuropeanNeighbourhood Policy. Its financial support for Egypt, as well as that ofseveral Member States, require involvement of credible civil society partners.Egypt’s crackdownon civil society violates the foundation of EU-Egypt cooperation (Article 2 ofthe Association Agreement). This policy must change to allow for bilateralcooperation to exist, to function, and to succeed, as asserted by the EuropeanParliament in its March 2016 urgency resolution.[viii]

Atthis crucial moment when President Abdelfattah al-Sisi is expected to ratifythe NGO law, the EU and Member States must send a clear message to Egypt tocease these repressive practices. The conclusion of the EU-Egypt Partnership Priorities must dependon Egypt accepting a real commitment in the text to working with civil society inconformity with international human rights law and the Constitution, andproviding it the required space to operate.

We further urge you toprioritise the overall human rights situation and rule of law in Egypt, withinthe criteria used to decide bilateral cooperation. We recommend thedetermination of clear benchmarks to assess this:

1. The closing of theForeign Funding Case (no. 173/2011) against civil society organizations and theholding of a sincereand open dialogue in Egypt with all stakeholders—including established andindependent human rights groups—about the status and role of civil society.

2. Any new legislation toreplace the current Civic Associations Law (no. 84/2002) should be drafted infull respect of Egypt's constitutional framework and its international legalcommitments to uphold the right to freedom of association; these norms requireabandoning the new NGO law, currently before the President for ratification.

3. Concrete steps must betaken to reopen the public sphere in Egypt, in particular by amendinglegislation such as the 2013 Protest Law and the 1914 Assembly Law inaccordance with constitutionally-guaranteed rights to freedoms of expressionand peaceful assembly, and withthe International Covenant on Civil and Political Rights; and by the unconditional release of all individuals detainedor sentenced for exercising their right to these freedoms, including humanrights defenders, democracy activists and media professionals.

Sincerely,

Arci Associazione

Asociación Pro DerechosHumanos de España

Cairo Institute for HumanRights Studies (CIHRS)

Christian SolidarityWorldwide (CSW)

CNCD 11.11.11

EuroMed Rights

Front Line Defenders

Greek Helsinki Monitor

Human Rights Watch

Kvinna till Kvinna

International Federationfor Human Rights (FIDH), in the framework of the Observatory for the Protectionof Human Rights Defenders

Minority Rights Group –Greece

Reporters Without Borders(RSF)

Reprieve

Saferworld

World Organisation AgainstTorture (OMCT), in the framework of the Observatory for the Protection of Human RightsDefenders

[i] Egypt pledged to uphold the right to freedom of association by ratifying the International Covenant on Civil andPolitical Rights (ICCPR) and African Charter on Human and Peoples' Rights(ACHPR). It formally accepted recommendations to amend legislation and practiceso as to ensure respect of this right, following its Universal Permanent Review(UPR) at the UNHRC in 2015. Egypt also made broad human rights commitments insigning the Association Agreement with the EU (see article 2) which came intoforce in 2004.

[ii] See statement by UN Special Rapporteur on the rightsto freedom of peaceful assembly and of association Mr. Maina Kiai, with thesupport of UN Special rapporteurs on the promotion and protection of the rightto freedom of opinion and expression, and on the situation of human rightsdefenders, Mr. David Kaye and Mr. Michel Forst, urging Egypt not to enact thislaw. (http://freeassembly.net/news/egypt-ngo-bill-november/)

[iii] Some of the worst aspects of the law were detailedhere http://www.ifex.org/egypt/2016/11/23/egypt_draft_law_nov_2016/ by 60 national and international human rights NGOsfrom across the world who urged President Al-Sisi not to ratify it.

[iv] Reporters Without Borders and the Committee to ProtectJournalists rank Egypt as one of the biggest jailers of media workersworldwide. Freelance photojournalist Mahmoud “Shawkan” Abu Zeid, arrested forhis work covering the extremely deadly 2013 Rabaa al-Adawiya sit-in dispersal,has remained over three years in pre-trial detention and is part of a masstrial.

[v] Most recently in Sept. 2016: https://eeas.europa.eu/node/9989_en

[vi] In 2016, such measures were denounced by the ForeignMinistries of Germany, the UK, France, Holland… the US Department of State, aswell as several UN Special Rapporteurs, the UN High Commissioner for HumanRights and the UN Secretary-General.

[vii] See legalaction initiated by the Cairo Institute for Human Rights Studies - CIHRS andthe Association for the Freedom of Thought and Expression – AFTE (http://www.cihrs.org/?p=19352&lang=en) following a joint report on theunlawful use of travel bans against almost 80 HRDs, intellectuals, journalists,opposition figures since 2014 (http://www.cihrs.org/?p=19269&lang=en)

[viii] http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2fEP%2f%2fTEXT%2bTA%2bP8-TA-2016-0084%2b0%2bDOC%2bXML%2bV0%2f%2fEN&language=EN