This page summarizes cases raised with Egypt by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Egypt.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Egypt, English).
Observations
The Special Rapporteur thanks the Government of Egypt for its responses. He however regrets that at the time of the finalization of the present report, the Government had not transmitted replies to all his communications sent. He urges the authorities to provide as soon as possible detailed responses to all the concerns raised in these other communications, which are also echoed in a press release dated 21 November 2011 issued by four special procedures mandate holders.
The Special Rapporteur is very concerned about the context in which associations have had to operate during the reporting period where some NGOs‟ offices were raided; their members stigmatised and some referred to Cairo‟s Criminal Court under the accusation of operating an illegal entity or of illegally receiving foreign funding. He takes note of the reply transmitted in relation to the difficulties faced by NGOs to operate within the context of the Law 84/2002, but he remains concerned that numerous provisions of this law do not meet international human rights standards. He calls upon the Government to ensure that no individual is criminalised for the peaceful exercise of their fundamental freedoms. He recommends the Government to adopt a new law on NGO to be in compliance with the best practices detailed in his thematic report and with the accepted recommendations issued within the context of the Universal Periodic Review of the Arab Republic of Egypt in March 2010 and, in particular, recommendations 95.88 and 95.106. He is available to provide any technical assistance the Government might require in this regard.
The Special Rapporteur refers again to Human Rights Council resolution 15/21, and in particular operative paragraph 1 that “[c]alls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur urges the authorities to refrain from using force during peaceful demonstrations. A thorough and independent investigation into any allegations of any alleged human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and of association, particularly against women, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur reminds the Government of Egypt of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”. Such a visit may allow the mandate holder to provide any technical assistance that might be required.
Observations
The Special Rapporteur regrets that no reply has been received during the reporting period from the Government of the Arab Republic of Egypt to the communications he sent during the period under review. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in the latter communication.
The Special Rapporteur is very concerned about several provisions of various versions of a draft law on non governmental organisations which, if passed without further changes, would severly curtail the exercise of freedom of association in Egypt. On 28 March 2013, the Special Rapporteur joined a press statement issued by several special procedures mandate holders, in which they voiced concern over several provisions of the different versions of the draft law. The Special Rapporteur welcomes the Egyptian authorities‟ initiative to revise law 84/2002 due to its lack of compliance with international law and standards; however, he warns that the draft legislation being considered by the Shura Council has a number of serious shortcomings, notably in relation to the issue of funding. He recommends that the Government take into account the draft put forward by civil society actors as they will be primary affected by this new legislation; and adopt a new law on NGO to be in compliance with the best practices detailed in his thematic report (see notably A/HRC/20/27). He stands ready to provide any technical assistance.
In relation to violence during peaceful demonstrations, the Special Rapporteur urges the authorities to investigate into any allegations of excessive use of force as well as any allegations of gender violence, including sexual violence, against women during peaceful assembly which are inacceptable. Any allegations of human rights violations should be subject to a thorough and independent investigation and those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 which “reminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights”.
The Special Rapporteur reminds the Government of Egypt of his country visit request sent in September 2011, to which a response is yet to be received. He believes such a country visit may provide with a significant opportunity to discuss the technical assistance the Government may require.
Observations
The Special Rapporteur thanks the Government of Egypt for its responses to five out of nine of his communications. However, he regrets that the Government has not replied to all his communications at the time of the finalization of the present report.
During the period covered by the present report, the Special Rapporteur observed in dismay as 1,212 defendants were imposed death sentences for charges such as unlawful gathering after a two-day trial rife with procedural irregularities. Such events pushed him to publicly express his concerns in two press releases on 31 March and 15 May 2014. He trusts the Government of Egypt will take all the necessary steps to foster a society based on dialogue, justice and respect of human rights, without delay.
The Special Rapporteur wishes to express his serious concern at the alleged absence of police protection for demonstrators and excessive use of force during peaceful protests, which resulted in at least 90 cases of sexual violence against women. While he dully takes note of the response of the Government on 4 April 2013 denying records, the Special Rapporteur wishes to emphasize the positive obligation of the State to facilitate the exercise of the right to hold and participate in peaceful assemblies. He reminds the Government of Egypt that this obligation includes tackling practices that threaten or impede the enjoyment of the right to peacefully demonstrate by groups at greater risk of discrimination, violence, harassment and retribution, such as women. He urges the authorities to investigate into allegations of excessive use of forces and allegations of gender-based violence, including sexual violence, during peaceful assemblies. He calls on the authorities to bring the perpetrators to justice and ensure that the victims will obtain adequate redress.
The Special Rapporteur recommends that the Government put in place an enabling and safe environment allowing all individuals to exercise their legitimate freedoms of peaceful assembly and association without undue hindrances. He reiterates the content of the operative paragraph 2 of the Human Rights Council Resolution 24/5 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law.”
The Special Rapporteur read with specific interest the response of the Government sent on 19 May 2013 concerning an alleged new draft law on associations violating international law and standards. He is pleased to read that the drafting of new laws is done in consultation with civil and political associations and he trusts authorities will review controversial clauses to ensure that legal texts remain in full respect of the State’s international obligations. The Special Rapporteur stands ready to be of assistance and trusts that the Government of Egypt will provide him soon with updates on the status on the national debate on this matter.
In relation to the arrest of 43 members of civil society organizations, the Special Rapporteur wishes to thank the Government of Egypt for its detailed response on 23 January 2014. However, he remains concern about the prosecution and conviction of members of non-governmental organizations, including human rights organizations, carrying out a legitimate and peaceful work. He is concerned that the legal grounds for their convictions do not meet with international human rights norms and standards. According to the Government’s response, charges include: carrying out “unauthorized activities”, running “unlicensed branches”, “conspiring to carry out activities run by unlicensed branches”, and “receiving money directly from a foreign organization” to operate unlicensed associations’ branches”. As stated in his thematic report to the Human Rights Council, the Special Rapporteur underlines that the right to freedom of association “equally protects associations that are not registered … Individuals involved in unregistered associations should indeed be free to carry out any activities … and should not be subject to criminal sanctions” (A/HRC/20/27, paragraph 56). Furthermore, he is of the opinion that authorities should automatically and as soon as notified grant legal personality to associations and that “the formation of branches of associations, foreign associations or unions or networks of associations, including at the international level, should be subject to the same notification procedure” (A/HRC/20/27, paragraph 58 and 59). In addition, the Special Rapporteur reiterates that the ability for associations to seek, secure and use funding is an integral and vital part of the right to freedom of association. The Human Rights Committee observed in its communication 1274/2004 that “the right to freedom of association relates not only to the right to form an association, but also guarantees the right of such an association freely to carry out its statutory activities. The protection afforded by article 22 extends to all activities of an association …” (CCPR/C/88/D/1274/2004, paragraph 7.2). The Special Rapporteur is mindful of the responsibility of the State to address money-laundering and terrorism. However, these cannot justify restrictions “other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others”, in accordance with the article 22 of the International Covenant on Civil and Political Rights ratified by Egypt on 14 January 1982.
The Special Rapporteur refers to the content of the operative paragraph 2 of the Human Rights Council Resolution 24/5 that “[r] reminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law.”
The Special Rapporteur reminds the Government of Egypt of his country visit requests sent in September 2011 and October 2013. He regrets to not have received a response to date. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks… and to consider favourably his or her requests for visits”.
Observations
Responses to communications
The Special Rapporteur thanks the Government of Egypt for its replies and urges it to respond to the grave allegations sustained in the letters sent on 30 January 2015 (EGY 2/2015) and 3 October 2014 (EGY 13/2014), in the briefest possible delays. He recalls that he considers responses to his communications as an important part of the cooperation of Governments with his mandate, in accordance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
Environment in which these rights are exercised
He reminds the Government of its obligation to ensure that protestors can exercise their right to assemble peacefully and that members of associations, including human rights associations, can carry out their legitimate work in a safe and enabling environment without fear of threats or acts of intimidation and harassment of any sort, including excessive use of force. To comply with international human rights standards, he underlines that security considerations should not be used as a justification for the adoption of stricter rules that annul the rights to freedom of peaceful assembly and of association (A/HRC/26/29 paragraph 33). He calls on the Government to conduct independent and thorough investigations into allegations of human rights violations, to hold perpetrators accountable and to provide the victims with full redress, without further delays. Moreover, he urges the State to take all necessary steps to secure the rights to freedom of peaceful assembly and of association as per articles 21 and 22 of the International Covenant on Civil and Political Rights ratified by Egypt on 14 January 1982.
The Special Rapporteur restates his utmost concern at the massive waves of arrests and mass imposition of death sentences for charges of unlawful gathering and other offenses not involving intentional killings against supporters of deposed President Morsi registered in Egypt in recent years (EGY 14/2014, and press releases listed above). In particular, he expresses grave concern about the chilling effect that these disproportionate shows of force may have on civil society, including peaceful protestors, and warns against environments that instil fear among society, which in turn can lead to self-censorship, one of the most regressive social practices for the enjoyment of fundamental rights and freedoms, in his opinion.
Managing of peaceful assemblies
The Special Rapporteur expresses his concern at what appears to be a growing criminalization of civil society activists for their role in peaceful protests and a tendency to repress, including through excessive use of force, the attempts of civil society to collectively voice its grievances. He reminds the Government of Egypt that protestors seek to convey opinions and, very often, challenge norms, and insists that while the State do not have to agree with the opinions and criticisms expressed by people who embrace different convictions or beliefs, it has a positive obligation to ensure the existence of an enabling environment in terms of enjoyment of the right of peaceful assembly, so that people may express themselves peacefully and without fear (A/HRC/20/27, paragraph 63). An enabling environment also requires guaranteeing the protection of peaceful protestors against the violent conduct of others (A/HRC/20/27, paragraph 33). The Special Rapporteur recommends that the Government establishes a presumption in favour of holding peaceful assemblies in law in a clear and explicit manner.
In connection with the alleged deaths of protestors in Cairo in January 2015 (EGY 2/2015) and the alleged arrests and torture in detention of children and young adults in the said city between September 2013 and May 2014 (EGY 13/2014), the Special Rapporteur urges the authorities to inform him at the earliest possible time of the results of the investigations of the circumstances leading to the reported killings, as well as of the status of investigations and interim measures put in place concerning the allegations of unlawful arrests and torture. He emphasizes that the right to life should be guaranteed by States to all individuals under all circumstances and at all times, including in the context of the exercise of the rights to freedom of association and of peaceful assembly, as prescribed by article 3 of the Universal Declaration of Human Rights. In addition, while expressing his serious concern at the reported instances of torture and ill-treatment, he recalls the importance of ensuring a free and unhampered enjoyment of the right to assembly and protest to build peaceful and democratic societies. To this end, he urges the Government of Egypt to respect, protect and fulfil the right to peaceful assembly. He also takes this opportunity to remind the State of its responsibility to conduct thorough and impartial investigations by independent bodies into allegations of torture and to take note, in this respect, of the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the updated set of principles for the protection of human rights through action to combat impunity (A/HRC/RES/16/23, paragraph 7b).
Promoting and protecting the right to freely associate
With regard to the Law on Associations No. 84/2002, the Special Rapporteur thanks the Government for its reply to the communication sent on 29 August 2014 (EGY 11/2014), in addition to part of the concerns raised in a previous letter dated 17 November 2011 (EGY 12/2011, reference A/HRC/19/44). While he notes that the aforementioned law aims to tackle security challenges through increasing regulation of the work of the associations, he reiterates that, in order to protect registered associations against arbitrary rejection of their applications or time gaps in the conduct of their activities, newly adopted laws should not request all previously registered associations to re-register (A/HRC/20/27, paragraph 62). Moreover, he recalls that the process to establish an association should be simple, easily accessible and non-discriminatory (A/HRC/20/27, paragraph 95) and that the State should permit any associations, including unregistered ones, to function freely, with their members operating in an enabling and safe environment (A/HRC/23/39, paragraph 95 and 96). In this context, he is concerned that the Law on Associations No. 84/2002 places additional burdens on associations that risk undermining legitimate human rights activities in Egypt, in contradiction with the State’s obligation to establish and maintain a conducive environment for the free operations of associations.
In relation to the alleged ban of activities of the April 6 Youth Movement (EGY 5/2014), the Special Rapporteur stresses that States should always promote and protect the right to associate, and consider restricting this right only in very limited circumstances, in accordance with their international obligations. In this sense, the Special Rapporteur refers to the General Comment No. 31 (2004) of the Human Rights Committee on the nature of the general legal obligation imposed on States parties to the International Covenant on Civil and Political Rights, which states that “when such restrictions are made, States must demonstrate their necessity and only adopt measures that are proportionate to the achievement of the legitimate objectives to ensure the continuous and effective protection of the rights under the Covenant” (paragraph 6).
Observations
Responses to communications
The Special Rapporteur thanks the Government of Egypt for its replies and urges it to respond to the grave allegations contained in the letters sent on 8 February 2016 (EGY 1/2016), 12 February 2016 (EGY 2/2016) and 23 February 2016 (EGY 3/2016), as soon as possible.
He recalls the importance of responding to his communications as part of the Government’s cooperation with his mandate, in accordance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010). In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in his communications.
The Special Rapporteur expresses grave concern about the pattern of increasing violence and restrictions on civil society and human rights organisations in Egypt during this period, including human rights defenders involved in peaceful protests. He strongly reiterates his call for the Government of Egypt to fully implement its obligations to protect and promote the rights to freedom of peaceful assembly and association in the country, in accordance with articles 21 and 22 of the International Convention on Civil and Political Rights, and article 28 of the Arab Charter, ratified by Egypt in 1982 and signed by Egypt in 2004, respectively (A/HRC/29/25/Add.3, para. 145).
The Special Rapporteur strongly denounces the killing of Ms. Shaimaa Sabry Ahmed al-Sabbagh and 20 other individuals during protests on 24 January 2015 (EGY 4/2015). In this context, the Special Rapporteur would appreciate additional information regarding investigations into the death of Ms. Al-Sabbagh and whether anyone has been held accountable for her death. He calls on the Government of Egypt to ensure that the use of force by police and security forces are restricted by the principles of legality, precaution, necessity, proportionality and accountability, and takes this opportunity to refer the Government to his recent joint report on the proper management of assemblies (A/HRC/31/66).
In connection with the case of Ms. Azza Soliman, who was a witness of the killing of Ms. Al-Sabbagh, the Special Rapporteur welcomes her acquittal, as well as that of 16 other defendants on 24 October 2015 (EGY 4/2015). However, he remains seriously concerned that the charges brought against Ms. Soliman were because of her testimony concerning the killing of Ms. Al-Sabbagh.
The Special Rapporteur reiterates his concern about the targeting of the human rights defenders and journalists through measures such as arrest, detention, including lengthy pre-trial detention and judicial procedures. He urges the Government to release them and to protect their right to freedom of peaceful assembly and association, as well as the right to freedom of expression.
He welcomes the release of the human rights defender and journalist, Mr. Hossam Bahgat, on 10 November 2015 (EGY 16/2015). However, he remains seriously concerned that his arrest, detention and interrogation were as a result of his work for the human rights organization, the Egyptian Initiative for Personal Rights, and the online news site, Mada Masr. He refers to the PR of the Special Rapporteur on the situation of human rights defenders and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression issued on 11 November 2015.
The Special Rapporteur strongly reiterates his concerns in the case of human rights defender and peaceful protestor, Mr. Mahmoud Mohamed Ahmed Hussein, concerning his arrest, detention and torture (EGY 17/2015). The Special Rapporteur acknowledges the short response of the Government of 2 February 2016 and would appreciate detailed information about any investigation conducted to verify the charges against Mr. Hussein, as well as the allegations of torture. He expresses grave concern for Mr. Hussein, who has been in pre-trial detention for over two years, where he remains, reportedly for exercising his right to freedom of peaceful assembly and freedom of expression. He urges the Government to respond to the communication sent.
The Special Rapporteur also expresses concern in the case of three members of the human rights organization, the Belady Foundation, namely Ms. Aya Hegazy, Mr. Mohamed Hassanein and Ms. Amira Farag, who were arrested, detained and charged (EGY 2/2016), allegedly for their human rights work. He urges the Government to respond to the communication sent.
Regarding the cases of journalists, Mr. Hisham Ahmed Awad Jafar and Mr. Ismail Alexandrani, the Special Rapporteur expresses serious concern about the apparent reason for their arrest and detention is for their work as journalists (EGY 1/2016). He urges the Government to respond to the communication sent.
The Special Rapporteur would like to take this opportunity to reminds the Government of Egypt of its obligation “to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law” (A/HRC/RES/24/5, operative para. 2).
NGO Law (84/2002)
NGO Law (84/2002) has been utilized arbitrarily against organisations who seek to carry out peaceful and legitimate human rights activities or express dissenting views. The Special Rapporteur calls on the Government to end the restrictions, including travel bans and licensing restrictions, on civil society exercising their right to freedom of association.
In the case of the Nadeem Center for the Rehabilitation of Victims of Violence and Torture, the Special Rapporteur expresses his serious concern about the “administrative closing order” issued and attempt to forcibly close the organisation under the NGO Law (EGY 3/2016). He urges the Government to respond to the communication sent.
Regarding the use of travel bans to restrict the movement of human rights activists to travel abroad (EGY 10/2015), the Special Rapporteur remains concerned in the cases of, inter alia, Mr. Hossameldin Ali, Ms. Esraa Abdel Fattah and Mr. Ahmed Ghonim of the Egyptian Democratic Academy, various staff members of the Cairo Institute for Human Rights Studies, and human rights defender, Mr. Mohamed Lotfy.
The Special Rapporteur repeats his calls to the Government of Egypt to review NGO Law (84/2002) and to bring it into line with international human rights norms and standards.
Laws and Ministerial Decrees on artistic censorship
Several laws and Ministerial Decrees impose severe restrictions on the right to freedom of artistic expression and the right to freedom of association that go well beyond the requirements of proportionality and necessity (EGY 9/2015). The instruments of concern are the Law the censorship of audio-visual materials (Law 430/1955 amended by Law 38/1992); the Prime Ministerial Decree on the implementation regulation for audio-visual materials (162/1993); Minister of Culture Decree on censorship of artistic works (220/1976); and the Law on the Federation of Artistic Syndicates (Law 35/1978).
The Special Rapporteur expresses serious concern for the prohibition of artistic works under these instruments and urges the Government of Egypt to review and amend these instruments to bring them into compliance with, inter alia, the right to freedom of association provided under articles 22 and 8 of the International Covenant on Civil and Political Rights, ratified by Egypt in 1982, and the International Covenant on Economic, Social and Cultural Rights, ratified by Egypt in 1982, respectively.
Under the Law on the Federation of Artistic Syndicates (Law 35/1978), the Special Rapporteur is concerned that artists may be imprisoned for not joining the relevant professional syndicate (acting, film production, music) or obtaining a temporary work permit, if they produce, participate in, or disseminate or exhibit their art. He reiterates that “an important component of the right to freedom of association is that no one may be compelled to belong to an association… This aspect is particularly relevant for unions or political parties since a direct interference in their membership may jeopardize their independence” (A/HRC/20/27, para. 55).
Draft Anti-terrorism Law
A number of draft amendments to the Egyptian anti-terrorism law were introduced that undermine several fundamental rights, including the right to freedom of peaceful assembly and association (EGY 11/2015). The Special Rapporteur acknowledges the lengthy reply from the Government. However, he expresses serious concern about the broad definition of “terrorism” and “terrorist acts” solely based on the goals of the organisation, which may result in the criminalization of organisations without factual evidence established by an independent judicial body.
The Special Rapporteur calls upon the Government of Egypt to “strictly and narrowly define the offence of terrorism in line with international law” and to “ensure that any restrictions on the rights to freedom of peaceful assembly and of association are prescribed by law, necessary in a democratic society, and proportionate to the aim pursued, and do not harm the principles of pluralism, tolerance and broadmindedness. Any restrictions should be subject to an independent, impartial, and prompt judicial review” (A/HRC/20/27, para. 84).
Observations
Responses to communications
The Special Rapporteur thanks the Government of Egypt for its replies and urges it to respond to the grave allegations contained in communications EGY 4/2016, EGY 6/2016, EGY 10/2016 and EGY 14/2016 with the briefest possible delay. He recalls that he considers responses to his communications as an important part of the cooperation of Governments with his mandate, in accordance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
Environment in which these rights are exercised
The Special Rapporteur reiterates his utmost concern at the past year’s serious escalation of the crackdown on independent civil society, including human rights defenders, lawyers, trade unions, journalists, political opponents and protestors in Egypt. The Special Rapporteur received a large amount of information regarding interrogations, judicial harassment, torture, ill-treatment, arbitrary detention, unfair trials, asset freezes, travel bans and closure orders of civil society organizations in Egypt. He expresses particular concern that these NGOs appear to be targeted for peacefully carrying out their human rights activities as well as for legitimately exercising their rights to freedom of expression and freedom of association. He underlines that such attacks may be representative of intent by the authorities to intimidate and silence media, trade unions, organizations and human rights defenders operating in Egypt.
In particular, he expresses concern regarding the targeting by authorities of several civil society organizations mentioned in is communications over the period, including Nazra for Feminist Studies, Cairo Institute for Human Rights Studies, the ‘United Group- Attorneys-at-law, Legal Advisors’, Arab Network for Human Rights Information, the Egyptian Initiative for Personal Rights – EIPR, Hisham Mubarak Law Center – HMLC and the Egyptian Center for the Right to Education – ECRE. He recalls that the suspension or dissolution of an association is one of the most severe types of restriction on the right to freedom of association ((A/HRC/20/27, paragraph 75).
He thanks the Government for its reply concerning the concerns he raised in communication EGY 11/2016 regarding the re-opening of the “foreign funding case” as well as the restrictions imposed on the activities of five human rights defenders and three human rights non-governmental organizations, through the application of the NGO law and freezing of their assets. He notes the “private property” considerations, as well as the discretion granted to the Office of the Public Prosecutor to determine what constitutes “offences related to funds belonging to the State, public authorities and institutions, affiliated units or any other public legal entities”. He also takes notes of the fact that these organizations and human rights defenders were under investigation for, among other reasons, receiving financial remittances from foreign bodies for engaging in activities conducive to instability in the country, the spread of anarchy, security upheavals and sedition among Egyptian communities with a view to undermining national security and obstructing the Egyptian authorities. The Rapporteur reiterates his concerns regarding the foreign funding case, which he considers to be in complete violation of human rights law, as he has already asserted in a press release issued on 11 October 2016 and numerous communications sent to Egypt. The Special Rapporteur recalls that any association “should have the right to seek and secure funding and resource from domestic, foreign, and international entities” (A/HRC/20/27 para. 68). The Special Rapporteur reminds the State that it has an obligation not to obstruct the exercise of the right to freedom of association. This responsibility includes guaranteeing that both registered and unregistered associations can seek and secure funding and resources without discrimination (A/HRC/20/27, paragraphs 64 and 68). He recalls that governments must allow access by NGOs to foreign funding as a part of international cooperation, to which civil society is entitled to the same extent as Governments (A/HRC/20/27, para. 69). Similarly, he expresses concerns at the targeting of human rights defenders, including women human rights defenders, including Ms. Mozn Hassan, Ms. Azza Soliman and Mr. Eid. He takes note of the Government’s reply condemning the defenders for their “illegal activities” under the “foreign funding case” (EGY 8/2016, EGY 16/2016 and EGY 1/2017).
The approval by the Egyptian Parliament of the “NGO Law” adopted in November 2016 is particularly worrying and is part of the wider crackdown imposed on civil society in Egypt. The law would eliminate independent human rights work and put an end to the very limited space for dissent that remains in the country (PR of 23 November 2016). He urges the President to refrain from signing the decree that would allow the Law to come into full effect and urges the Government to ensure the compliance of the NGO draft law with international law standards, following a transparent consultation process with civil society organizations.
He takes note of the Government’s answer in communication EGY 5/2016 but remains concerned at what appear to be arbitrary and unfair disciplinary proceedings against judges in two cases referred to as the “July 2013 Statement Case” and the “Judges for Egypt Case”. He is particularly worried at the decision declaring 32 judges “unfit to serve” and forcing them to retire as a consequence of being found guilty of participating in a statement on political matters unrelated to the judiciary. The Rapporteur takes note of the Government’s assertion that the statement was read out before crowds of demonstrators from the Muslim Brotherhood in the Rabi’a al-Adawiyya district of Cairo, accusing the Egyptian Army of acting against the legitimate authority and also containing other “false and mendacious allegations which should not be made by judges since they imply the latter’s affiliation and partiality to the Muslim Brotherhood group and thereby flagrantly detract from their neutrality and their judicial status”. He similarly takes note of the fact that, according to the authorities, the proceeding was fair and carried out by an impartial organ. Nevertheless, the Rapporteur remains concerned at the massive dismissal of judges for exercising their rights to freedom of expression, assembly and association which appears to form part of a widespread crackdown carried out by the Egyptian authorities against members of the judiciary that are perceived to be critical of issues of governance in the country and seems to be indicative of an additional measure to curtail fundamental human rights in Egypt.
The Special Rapporteur regrets not having received an answer to his communication EGY 6/2016 concerning the restriction imposed on the exercise of the rights to freedom of peaceful assembly and freedom of expression at the protests in April 2015, including allegedly threatening statements and intimidation, the excessive use of force, check points, arbitrary arrests, detention and criminal prosecution. He also urges authorities to provide information on protestors and human rights defenders mentioned in the communication. The Rapporteur reminds the Government that, in order to comply with international human rights standards, security considerations should not be used as a justification for the adoption of stricter rules that annul the rights to freedom of peaceful assembly and of association (A/HRC/26/29 paragraph 33).
The Special Rapporteur reiterates his concern regarding the broader impact of the above allegations, which may have a “chilling effect” on civil society, particularly on individuals exercising their rights to freedom of peaceful assembly, association and expression, such as protestors and human rights defenders and civil society organizations, and warns against environments that instill fear throughout society, which in turn can lead to self-censorship.
While the State does not have to agree with the opinions and criticism expressed by persons espousing minority or dissenting views, it has a positive obligation to ensure the existence of an enabling environment for civil society, including the enjoyment of the right of association, so that it may exist, operate and express itself freely and without fear (A/HRC/20/27, paragraph 63).
He calls on the Government of Egypt to halt the ongoing harassment of dissenting voices. More generally, he urges the State to take all necessary steps to secure the rights to freedom of peaceful assembly and of association as per articles 21 and 22 of the International Covenant on Civil and Political Rights ratified by Egypt on 14 January 1982.
Country visit
The Special Rapporteur reminds the Government of Egypt of his willingness to undertake a country visit as indicated in his letters sent in 2011 and 2013. He trusts that such a visit would allow him to examine first-hand issues relating to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity.
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
