WUNRN
Amnesty International
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
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
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
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Subject: Egypt - Arbitrary Arrests & Detention of Women Human
Rights Defenders
WUNRN
Nazra for Feminist Studies
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.
__________________________________________________________________________________________________________________________________________________________
Press Release - 22 June 2014