WUNRN

http://www.wunrn.com

 

Amnesty International

http://www.amnesty.org/en/library/asset/MDE12/046/2014/en/7733701d-28a9-4563-89c7-36a73862a1c9/mde120462014en.html

WHAT WILL THIS MEAN FOR WOMEN'S & HUMAN RIGHTS NGO'S IN EGYPT?

Egypt - Highly Restrictive Law Endangers NGO's Existence, Independence

(London, August 30, 2014) – Independent organizations in Egypt face a looming crackdown, 45 international and national human rights groups from across the globe said today in a joint statement.

The Egyptian Social Solidarity Ministry placed an advertisement in leading state newspaper Al-Ahram on July 18, 2014, giving all Egyptian and international nongovernmental organizations until September 2 to register under Law 84/2002, a restrictive measure passed during the Mubarak rule. This law empowers the government to shut down any group virtually at will, freeze its assets, confiscate its property, reject nominees to its governing board, block its funding, or deny requests to affiliate with international organizations. The law also does not indicate that nongovernmental organizations have the right to appeal the decision.

“The al-Sisi government’s demand for all organizations to register under the discredited 2002 law is nothing but an order for them to surrender their independence,” said Sarah Leah Whitson, Middle East and North Africa director at Human Rights Watch. “There’s no way that an organization can register under Law 84 and still be considered ‘independent’ from the government.”

The law provides for criminal penalties up to one year in prison for unauthorized activities by independent groups. Under the government of Hosni Mubarak, the authorities routinely harassed activists and arbitrarily shut down independent groups.

“Egyptian authorities are using the law to orchestrate a witch hunt against nongovernmental organizations and put them under their thumb. The government must withdraw the requirement for compulsory registration of nongovernmental organizations under the current law, which is contrary to international human rights standards,” said Hassiba Hadj Sahraoui, Middle East and North Africa Program deputy director at Amnesty International.

Egyptian organizations have been seeking to abolish Law 84/2002 since it was enacted, and the various governments since then have proposed several new draft laws concerning independent groups, but none have become law. Some organizations have opted to register as law firms or nonprofit companies instead of as associations under this law.

“We cannot see any justification for resurrecting Mubarak-era legislation imposing re-registration process that could effectively close down or criminalize human rights organizations critical of the government,” said Gerald Staberock, secretary-general at the World Organization Against Torture (OMCT). “What is needed to overcome the present crisis is respect for human rights, not closing nongovernmental organizations down.”

Egyptian nongovernmental organizations have repeatedly said they do not object to – indeed, they encourage – a new associations law that will provide for independent oversight and transparency in funding and operations. They have submitted numerous proposals, including an alternative draft law that they say complies with international standards and best practices. They negotiated with the Social Solidarity Ministry for more than six months to draft a new law, upon invitation from the former Minister of Social Solidarity, Ahmed al-Borai. Al-Borai submitted a consensus draft to the Cabinet in February for introduction to the new parliament, once elected. But the government has ignored this draft and all prior proposals.

Instead, it has disclosed a new draft associations law that permits authorities to shut down any of the over 40,000 Egyptian independent groups, pending a court order, or refuse to license new groups on vague grounds of harming “national unity.” The draft law would create a Coordinating Committee made up of government officials, including representatives of the Ministry of Interior and the General Intelligence Services, who would have control over anything to do with the registration, activities, and funding of foreign nongovernmental organizations in Egypt, as well as over any foreign funding received by Egyptian nongovernmental organizations. The law also imposes harsher penalties than the current law of 84/2002, including prison sentences of up to three years and fines not less than US$14,000 for activities that includes operating without a license, raising funds without permission or operating in association with an international group without permission from the government committee.

“There needs to be an overhaul of the whole legal framework to allow civil society to operate independently from the government, which is the purpose of civil society,” said David Tolbert, president at the International Center for Transitional Justice. “Enforcing the existing Mubarak-era law or enacting an even more repressive draft law will shut down what remains of independent public civil society in Egypt.”

Pending the passage of this new more restrictive law, the government has declared that it will enforce the existing repressive law, and demanded that even groups now lawfully registered as law firms or nonprofit companies register as associations under the 84/2002 law. Independent Egyptian human rights organizations that have documented human rights abuse under the Mubarak, the Supreme Council of the Armed Forces, Morsy, and al-Sisi governments, have told international partners that they will be shut down entirely rather than register under the prohibitive 84/2002 law.

 “The existing law and the draft bill rob independent nongovernmental organizations of all meaning and deny Egypt creative energies by effectively shutting down the few remaining legitimate channels for public action,” said Karim Lahidji, president of the International Federation for Human Rights (FIDH). “Even during Mubarak’s three decades of stagnation and stifled public space, the government never went as far as this crackdown threatens to go.”

The 2002 law and the provisions of the new draft bill are entirely at odds with the international pledges Egypt made and the recommendations it accepted in its first Universal Periodic Review (UPR) at the UN Human Rights Council in 2010. The government at that time had pledged to revise the 2002 law to minimize governmental intervention and give organizations greater autonomy.

It accepted recommendations to guarantee freedom of association and to put in place simple, rapid, non-discriminatory procedures for establishing organizations, and to end administrative arbitrary discretion in establishing and controlling groups, and instead to bring Egypt’s associations law into compliance with international human rights standards. Egypt’s next UPR is to be in October.

Over the last 12 years, a number of treaty bodies have criticized the restrictions on nongovernmental organizations in Egypt under the current legislation.

“We today face the very real prospect that in a matter of days authorities will effectively shut down what remains of independent civil society in Egypt, long one of the most vibrant in the Arab region,” said Michel Tubiana, president of the Euro-Mediterranean Human Rights Network. “This should not only ring alarm bells in Egypt, but among all those concerned about the future of civil society and human rights throughout the world.”

Co-signers:

• Adil Soz- International Foundation for Protection of Freedom of Speech
• Albanian Media Institute
• Aliansi Jurnalis Independen (AJI)- Indonesia
• Amnesty International
• Asian Legal Resource Centre
• Association of Independent Electronic Media
• Article 19
• Asian Forum for Human Rights and Democracy (FORUM-ASIA)
• Bytes for All, Pakistan
• Canadian Journalist for Free Expression (CJFE)
• Centre for Independent Journalism- Malaysia
• Centre for Media Freedom & Responsibility
• Centro de Estudios Legales y Sociales (CELS)
• CIVICUS
• Commonwealth Human Rights Initiative
• Conectas
• East and Horn of Africa Human Rights Defenders Project
• Electronic Frontier Foundation
• Euro-Mediterranean Human Rights Network
• FIDH (International Federation for Human Rights)
• Freedom Forum
• Globe International Center
• Human Rights Watch
• I'lam Media Center
• Independent Journalism Center
• Initiative for Freedom of Expression
• Institut Studi Arus Infromasi (ISAI)
• International Centre for Transitional Justice (ICTJ)
• International Federation of Journalists, Asia Pacific
• International Press Institute
• International Service for Human Rights
• Journaliste en Danger (JED-DRC)
• League for the Defence of Human Rights in Iran (LDDHI)
• Le Réseau des Défenseurs des Droits Humains en Afrique Centrale (REDHAC)
• Norwegian People's Aid (NPA)
• Media, Entertainment & Arts Alliance (MEAA)
• Pakistan Press Foundation
• Pan-African Human Rights Defenders Network
• PEN American Center
• PEN Canada
• PEN International
• Sexual Minorities Uganda (SMUG)
• The Center for Media Studies and Peacebuilding (CEMESP-Liberia)
• World Association of Community Radio Broadcasters (AMARC)
• World Organization Against Torture (OMCT)

_____________________________________________________________________________________

 

Freedom House

http://www.freedomhouse.org/report/freedom-association-under-threat-new-authoritarians-offensive-against-civil-society/egypt#.VAV_3NeSy-k

 

Egypt - Freedom of Association - NGO's

Although Article 55 of Egypt’s 1971 constitution guarantees freedom of association, this right is heavily restricted in practice. Nongovernmental organizations (NGOs) face burdensome registration requirements and other regulations, as well as harsh penalties for violations. NGO activities are currently governed by Law 84/2002 on Nongovernmental Organizations (Law 84), which allows for continued government control over the associational sphere. The measure was enacted without substantial consultation between the government and civil society. Law 84 grants the Ministry of Social Affairs the authority to regulate the associational sector and allows the minister to dissolve NGOs by decree. All nonprofit groups with 10 or more members are required to register with the Ministry of Social Affairs; failure to do so may result in criminal penalties of up to one year in prison for a group’s members. NGOs, particularly those involved in human rights advocacy, are frequently denied registration, and they bear the legal burden when filing a court case to dispute the decision. NGOs that are unable to register often continue to operate, although they face the threat of closure and are not eligible for the benefits available to registered NGOs, such as tax breaks and discounts on utilities.

____________________________________________________________________________________________________________________________________________________________________________

 

http://www.awid.org/Library/Egypt-Update-Woman-Human-Rights-Defender-Sanaa-Seif-Starts-Hunger-Strike

 

EGYPT - IMPRISONED HUMAN RIGHTS DEFENDER ARRESTED FOR PEACEFUL PROTEST, STARTS HUNGER STRIKE

Source: Nazra - 02/09/2014

On 28 August 2014, woman human rights defender Ms. Sanaa Seif declared that she was starting an open hunger strike where she is taking water only, to protest against the Protest and Public Assembly Law, which has led to the continuation of her arbitrary arrest and others. 

Ms. Sanaa Seif is a prominent woman human rights defender that was arrested on 21 June 2014 along with others for protesting peacefully against the Protest and Public Assembly Law. Other women human rights defenders arrested with her included Ms. Yara Sallam, Ms. Hanan Mustafa Mohamed, Ms. Salwa Mihriz, Ms. Samar Ibrahim, Ms. Nahid Sherif (known as Nahid Bebo) and Ms. Fikreya Mohamed (known as Rania El-Sheikh).

Ms. Sanaa Seif and the other women human rights defenders are currently being held in Qanater women’s prison, pending trial on 13 September 2014. The decision to begin the hunger strike came amidst the passing away of her father, human rights defender Mr. Ahmed Seif El-Islam, and continued imprisonment of her brother, human rights defender Mr. Alaa Abd El-Fattah, who also began an open hunger strike on 18 August 2014.

Nazra for Feminist Studies urges the Egyptian authorities to immediately and unconditionally release the aforementioned women human rights defenders and drop all charges directed at them stemming from the legitimate exercise of the rights to freedom of expression and peaceful assembly. It also urges the Egyptian authorities to take all measures to guarantee the physical and psychological integrity and security of Ms. Sanaa Seif and the other women human rights defenders.

_______________________________________________________________________________________________________________________________________________________________________________

 

----- Original Message -----

From: WUNRN LISTSERVE

To: WUNRN ListServe

Sent: Monday, June 23, 2014 5:02 PM

Subject: Egypt - Arbitrary Arrests & Detention of Women Human Rights Defenders

 

WUNRN

http://www.wunrn.com

 

Nazra for Feminist Studies

http://nazra.org/en/2014/06/arbitrary-arrests-and-detention-women-human-rights-defenders

 

Egypt - Arbitrary Arrests & Detention of Women Human Rights Defenders

 

On 21 June 2014, nine women human rights defenders were arrested for protesting peacefully against the Protest and Public Assembly Law in Heliopolis, Cairo, after being dispersed by the police using tear gas and bird shots.

During a peaceful protest headed for the Heliopolis presidential Palace calling for the release of all detainees and imprisoned human rights defenders in Egypt, the following nine women human rights defenders were arrested along with several other human rights defenders and are being held at Heliopolis police station: Yara Sallam, Sanaa Seif, Hanan Mustafa Mohamed, Salwa Mihriz, Samar Ibrahim, Rania El-Sheikh, Nahid Sherif (known as Nahid Bebo) and Fikreya Mohamed. Moreover, prior to being arrested, unknown actors threw stones and glass at the peaceful human rights defenders, which was followed by the use of tear gas and bird shots by the police to disperse them.

The prosecution office issued an order on 22 June 2014 to extend their detention until 23 June 2014 pending further investigation. The women human rights defenders along with other defender have been charged with the following: (1) Participating in an unauthorized demonstration whose aim was to stop the implementation of the law and influence the effectiveness of the public authorities during the carrying out of their work. The possession of safeguards and tools that could cause death if they had been used as weapons; (2) Organizing a demonstration without prior notice as stipulated by the law and the participation in a demonstration that breached and threatened public security and the interests of citizens and disrupted transportation and transgressed public and private property; (3) The possession of incendiary materials and fireworks during the participation in the demonstration; (4) The use of force and violence to terrorize and intimidate citizens; (5) The deliberate destruction of public property; (6) The deliberate destruction of property owned by the aggrieved party as proven through investigations; (7) The possession of fireworks without a license; (8) The possession of tools used to assault persons without a legal justification.

Egyptian human rights defenders have been facing mounting acts of intimidation and judicial harassment in the recent months, arbitrary arrest, harsh sentences and imprisonment. The aforementioned women human rights defenders along with other human rights defenders are only a few of several Egyptian human rights defenders who have been targeted through the Protest and Public Assembly Law (Law no 107 of 2013 on the Right to Public Meetings, Processions and Peaceful Demonstrations). On 22 May 2014, the Sidi Gaber Misdemeanor Court in Alexandria upheld the sentence of prominent women human rights defender Mahienour El-Massry and several human rights defenders and detained her on charges of unauthorized protest and attacking police officers during the Khaled Said murder retrial on 2 December 2014. The next hearing for this case has been scheduled for the 28 June 2014.

Moreover, El-Massry is also facing trial on separate charges for an incident that occurred in March 2013. On 16 July 2014, the aforementioned second case was adjourned to 21 July 2014. In the second case, El-Massry is charged with allegedly “assaulting security forces”, after she and a group of lawyers went to Raml police station to provide legal assistance to activists who had been arrested and handed in to the police by supporters of the Muslim Brotherhood.

Nazra for Feminist Studies condemns the arrest and detention of the aforementioned women human rights defenders and believes that it is directly related to their legitimate activities in the defense of human rights.

Nazra for Feminist Studies calls on the Egyptian authorities to: 

1. Drop all charges directed at the women human rights defenders and effectuate their immediate and unconditional release;

2. Guarantee in all circumstances the physical and psychological integrity of all the aforementioned women human rights defenders;

3. Cease the harassment and persecution of human rights defenders and ensure that all human rights defenders in Egypt are able to carry out their legitimate human rights activities free from persecution, arbitrary arrest, judicial harassment and physical violence;

4. Ensure that the Protest and Public Assembly Law is revised to be fully compliant with relevant international standards and the newly passed Egyptian constitution;

5. Guarantee the right of women human rights defenders to engage in human rights work and take measures to ensure their protection before the law and in society;

6. Quash the convictions of other human rights defenders that are based on a Protest and Public Assembly Law and drop all charges stemming from the legitimate exercise of the rights of freedom of expression and peaceful assembly. 

__________________________________________________________________________________________________________________________________________________________