7
-Ambiguous fate for NGOs in Egypt
On Saturday, June 3, 2000, the Higher Constitutional Court of Egypt ruled the Law No.153/1999 on Public Associations, passed on May 27, 1999, as unconstitutional for not being presented to the Shoura (Consultative) Council in contradiction with the Constitution.
If this formal aspect constitutes the basis for the Court's decision, still there are many reasons related to the objective aspect of the case. Thus, the ruling of the Constitutional Court does not put an end to the argument and criticisms launched by the institutions of civil society, the political parties, the Egyptian intellectuals and the international organizations against the law.
On the contrary, the ruling changed the course of discussions with more demands for democracy being raised. Many critics, also, saw the ruling as an evidence of the State's commitment to respect the rule of law and the right to form public associations.
On the other hand, the Court's ruling brought to limelight important facts relating to the future of the human rights movement and the government's policy that we can sum up as follows:
First : the obvious disorder of the performance of the People Assembly, particularly as many laws, ratified by the Egyptian parliament, were ruled unconstitutional in a way unparalleled by any other country throughout the world.
Second the furious campaign launched by the government's legislative and executive bodies against the Constitution and the consequent confiscation of public freedoms, especially the freedom of association. The government's attacks on the allegedly independent public associations also escalated, in an attempt to control their activities. The state insists to restrain the activities of the NGOs and to persecute and prevent them from playing their role for the welfare of society.
Third A handful of law specialists, who usually tailor whatever laws that the government require, were also infuriated by the Court's judgment and openly expressed their hostility to the Higher Constitutional Court.
Forth the Court's ruling gave the Egyptian civil society organizations and associations a new opportunity to defend their views as well as to enhance their legal status, disputed by the government as early as January 1999.
Early in 1999, the government launched a fierce campaign against public associations, which culminated in the promulgation of the unconstitutional law. However, perhaps because of the irrationality of that campaign, the government's omission to present the draft to the Shoura Council resulted in a constitutional flaw that ruled it null and void. However, the Court's ruling cannot be considered a sufficient guarantee for the promulgation of another more democratic law.
Fifth the Court's ruling gave a new momentum to the political and judicial debates over the promulgation of a law on public associations, viewed as one of the most important links of democratic development in Egypt. Thus, the right to form associations is the cornerstone of the freedom of association, which in turn is a basic pillar for any democratic regime. The absence of such basic rights means that many other freedoms such as the right to peaceful assembly, the freedom of expression and peaceful demonstration, are also restricted as the Court's ruling explains in detail.
Sixth The anti-democratic forces showed their intention to present a new draft with the same provisions to the Shoura Council, thus avoiding the constitutional flaws of the abolished law. We can easily notice this fact in many statements, declared by officials of the Ministry of Social Affairs and other state authorities during the period that followed the Court's decision.
Such statements imply that they would try to restrict the freedoms stipulated by the Egyptian Constitution and impose the anti-democratic provisions on the new draft. In this respect, they pay no attention to the criticisms launched against the abolished law by the various democratic forces in the country and abroad. The LCHR report pointed out this question in the section of recommendations, to which the UN Commission on Economic & Social Rights referred in its report.
The committee demanded the Government of Egypt to amend or abolish the law No.153/1999 as well as to remove whatever restrictions imposed on the right to form associations and non-government organizations.
These demands of course are consistent with the stipulations of the article No. 8 of the UN Covenant on Social, Economic and Cultural Rights, ratified by Egypt. In this respect, it is important to emphasize that the CSECR guarantees the individuals' inalienable right to form and/or join associations without any constrains.
Based on what we mentioned above, the LCHR issues this report that consists of four chapters as follows:
Chapter One: The Higher Constitutional Court and The People's Assembly:
This chapter shows how the constitutional court represents an important mechanism for defending democracy and human rights in Egypt. In vivid contrast to the role played by the Constitutional Court the performance of the People's Assembly, particularly in the present term, is characterized by the promulgation of anti-democratic and restrictive laws. This chapter includes also a criticism of the attempts to eliminate the independent status of the Higher Constitutional Court.
Chapter Two: The Kernel of the Constitutional Court's Ruling:
This chapter reviews the process, which led to the referral of the abolished law on associations No.153/1999 to the Higher Constitutional Court and the Whereases of the Court's ruling.
Chapter Three: LCHR political and Judicial Expectations Following the Court's Ruling:
This chapter deals with the confusion that prevailed in the administrative decisions issued by the Ministry of Social Affairs after the Court's ruling. The chapter aims to explain the necessity that Egyptian NGOs should be regulated by virtue of the stipulations of the civil law, after the Court's ruling. Under no condition should non-government associations fall under the extremely restrictive regulations of the law No.32/1967.
Chapter Four: The Legislative Way Out:
In this chapter, LCHR seeks to discuss the possibilities of a new law that satisfies the aspirations of civil society activists.
The LCHR suggests a legislation that is based upon the rights and freedoms stipulated by the Constitution. The aim of such a legislation would be to guarantee effective coordination between national organizations and the democratic forces with the movement of human rights in a unified front against the anti-democratic forces. In this respect, the LCHR points out the broad guidelines for the promulgation of such a law in conformity with the Egyptian Constitution and the international standards of human rights.
Finally, the Land Center for Human Rights urges the democratic forces in Egypt to stand for the implementation of the regulations of the civil law on public associations. Instead, the People's Assembly should pass a new law, allowing public associations to undertake their activities without arbitrary constrains. The LCHR also appeals to the President of the Republic to intervene to prevent implementation of the abolished law No. 32 of 1964 and to regulate NGOs in accordance with the civil law stipulations.