Joint Open Letter to Member and Observer States of the UN Human Rights Council
To: Member and Observer States ofthe UN Human Rights Council
Cc: HRC Bureau and Secretariat
Geneva, 8March 2017
Re: Concerns regarding respect forhuman rights in Egypt
Excellencies,
Onthe occasion of the 34th session of the Human Rights Council (HRC),the signatory organisations would like to draw your attention on Egypt, newlyelected as a member for the period 2017-2020.
Accordingto Resolution 60/251, paragraph 8, adopted by the General Assembly on April 3,2006, “when electingmembers of the Council, Member States shall take into account the contributionof candidates to the promotion and protection of human rights and theirvoluntary pledges and commitments made thereto”[1].In this regard, the deteriorating human rights situation in Egypt, as well as itsfailure to comply with its human rights commitments made in front this veryinstitution during its 28th session in March 2015, is a source ofgreat concern.
Duringthe 2nd cycle of Egypt’s Universal Periodic Review, Egypt committedto take the following steps regarding human rights defenders:
· ensure an enabling and conducing environment for civil society, includingthrough a revised NGO law that conforms to the provisions enshrined in the Constitutionas well as to international standards;
· ensure the protection of human rights defenders and other civil society actorswhile exercising their human rights, including their freedoms of expression,association and assembly.
Moreover,regarding the fight against torture and ill-treatment, Egypt committed to:
· adopt a more comprehensive definition of torture in the nationallegislation, by amending Article 126 of the Penal Code, in order to harmoniseit with Article 1(1) of the UN Convention Against Torture (CAT);
· submitits reports to the UN Human Rights Committee and Committeeagainst Torture,
· strengthenthe investigation and prosecution of the crime of torture,in particular when committed by State security agents;
· ensure that all detainees are protected by law and physically against torture.
Nevertheless,two years after making these commitments, the Egyptian authorities have stillnot taken action.
Theyhave failed to guarantee an enabling environment for civil society and humanrights defenders. Two new draft NGO laws released between September andNovember 2016 contained draconian provisions that violate the EgyptianConstitution and international standards.
Egyptianauthorities have been cracking down on independent civil society and humanrights defenders in the country, including through asset freezes, travel bansand systematic criminalisation within case 173/2011, known as the “foreignfunding case”, in which defenders may incur in life sentences for receipt ofunauthorised foreign funding. As Member and Observer States of the UN HumanRights Council, you had the possibility to witness the gravity of the situationthanks to the High-Level Panel intervention last week of Ms Mozn Hassan, founder and executive directorof Nazra for Feminist Studies, 2016 “RightLivelihood” Award Laureate and one of the most prominent women human rightsdefenders in the country.
Moreover,Egypt has not brought the definition of the crime of torture in line withinternational standards, nor increased the fight against impunity for tortureperpetrators and the protection and redress of victims. The case of the disappearance,torture and killing of Italian PhD student Giulio Regeni is an example amongmany others that has resonated in the world.
Furthermore,the Egyptian authorities have been undermining attempts to fight torture effectivelyin the country. One such example is the charges brought against human rightslawyer Mr Negad El-Borai and the United Group – Attorneys-at-law,for presenting a Bill for theprevention of torture to the Egyptian authorities and advocating for itsadoption in order to bring the national legislation in compliance withinternational standards. Moreover, after a year of harassment, El Nadeem Center for the Rehabilitation ofVictims of Torture and Violence has been recently closed for conductingactivities beyond its victims’ assistance mandate, such as producing reportsand statistics on torture.
Finally,rather than addressing these human rights concerns, the Egyptian Government hasstill not submitted any report to the UN Human Rights Committee nor to theCommittee against Torture. It has not done so since 2002.
Allthis happens in the context of a dramatic deterioration of the human rightssituation in the country, with a notable increase in cases of torture, deathsin detention and enforced disappearances and highly prevalent gender-based violence. In light of this, the presence of a free and vibrant civil society inEgypt is crucial to seeing these concerns addressed, and to seeing thegovernment effectively implementing its international human rights commitments.
YourExcellencies, we call on you to take our concerns with the most seriousconsideration and to raise them, jointly and individually, at the currentsession of the UN Human Rights Council.
Wethank you for your attention and we look forward to your reply.
Bestregards,
WorldOrganisation Against Torture (OMCT)
Euro-MediterraneanNetwork for Human Rights (EuroMed Rights)
FrontLine Defenders
[1] See UN Doc. A/RES/60/251 here:http://www2.ohchr.org/english/bodies/hrcouncil/docs/A.RES.60.251_En.pdf.
