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-The new NGOs Law is a New Relapse of Democracy in Egypt
In response to the demands of civil society activists to abolish the anti-democratic law on association No.32/1964, the Egyptian government issued the new law no.153/1999. However, the promulgation of the new law implied many procedural defects, leading to a decision by the Supreme Constitutional Court, which nullified the law as unconstitutional.
Today, the Egyptian government is preparing another bill, intended to impose strict administrative controls over the right to form public associations. Most HR activists also expect that the new law would copy the same articles of the previous bill.
The abolished law grants the administrative department the right to dismiss applications to form public associations for various reasons, including threats to national security and the identity of the founding members. According to this law, the Ministry of Social Affairs (the administrative department) may also appoint a representative body to run an association in case it violates the law or the internal regulations. Since most associations may criticize the Egyptian government policies, they could be victims of direct administrative intervention.
It is obvious that the abolition of the law no.153 has created a legislative gap that the government tries to fill without any real intention to respect the right to form associations. The LCHR believes that the Egyptian government perceives public activity as mere charity regardless of the internationally recognized standards.
Emphasizing its commitment to respect the law as the cornerstone of any democratic construction, The LCHR urges the Egyptian government to encourage all civil society organizations, including political parties, to participate in the formulation of the new draft law, scheduled for promulgation by September 2000.
The LCHR also believes that lifting government's restriction of non- governmental activities is crucial for the establishment of democratic governance. Democracy flourishes through participation by giving all political trends and groups the chance to discuss issues of public interest. Non- governmental activity is the platform adopted by many groups in order to: defend the interests of large sectors of citizens, offer social and economic services or defend and protect certain rights. Also, political parties cannot play their role, and win seats in parliament, unless public activity organizations could prepare a proper environment and reflect the socioeconomic conditions that enable them to interact with the public.
To enhance democracy, Egypt does not only need strong political parties and trade unions, but also a law that encourages people to form social, cultural, political and scientific associations. Freedom of public activity inevitably would result in significant cultural and social changes that serve the interests of the majority of Egyptians.
In view of the above, democratic and live forces in Egypt, including NGOs, political parties, trade unions, intellectuals and MPs, are invited to coordinate their efforts for the promulgation of a new democratic law on associations and prevent enemies of democracy from passing restrictive and harsh provisions.
To secure a democratic law on associations, the following rights should be strictly observed:
- The law should provide a complete and specific definition of non- governmental public activity, including social, economic, cultural and political activities. There should not be any restrictions imposed on these fields of public activity provided that they do not violate the Constitution and international standards of human rights.
- The law should clearly emphasize the unrestricted right to form public associations and non-governmental organizations as a constitutional right guaranteed by articles 55 &56 of the Egyptian Constitution.
- An association should be officially recognized once it has been declared without the government having any right to objection. The general assembly of a public association should have full powers and authorities to decide the framework of its activities and policies of management.
- Associations should have the right to form regional unions and not to be enforced to join any government- based unions.
- The new law should only regulate associations through general principles leaving the objectives and statutes of them to their respective general assemblies.
- Any provision that may impose any restriction over the nomination to an association's board of directors should be abolished.
- Only administrative courts should settle any dispute that may arise over the implementation of the new law.
- Any provision that may give the administrative department the right to disperse an association should be abolished. Associations may only be dispersed by virtue of a final court ruling.
In order to prevent anti-democratic forces from passing a restrictive law, LCHR urges NGOs, democratic institutions, political parties and members of the People’s Assembly to coordinate their efforts. Their aim should be the promulgation of a new law that guarantees the freedom of public activity. We should encourage people to participate in decision-making for a democratic country that guarantees and protects social, economic and political rights.