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Recommendations for the Progress Report of the Implementation of the European Neighbourhood Policy in Egypt in 2013

In view of the ENP progress report for Egypt covering 2013, taking into account the deteriorating human rights situation on the ground and the fact that the ENP priorities for 2013 are still to be implemented; EMHRN recommends the following human rights priorities as key recommendations for Egypt for 2014:

Freedom of association and freedom of assembly

  • Repeal Law no. 10 of 1914 on Public Assembly and Law no. 34 of 2011 on Criminalisation of Assaults on the Freedom to Work and Vandalism against Facilities as they are contrary to international standards; Reform or repeal the Law governing the Right of Peaceful Assembly no. 14 of 1923;
  • Open a thorough discussion with CSOs and legal experts on the draft law on public assemblies and protest adopted recently by the Egyptian cabinet, as this law is restricts freedom of assembly, which is a fundamental right; the law should abide by international standards such as the presumption in favor of assemblies, minimum regulation, necessity in a democratic society, and proportionality of restrictions;
  • Repeal the Minister of the Interior’s Decision on the Use of Firearms and reform the Police force Law no. 109 of 1971, to strictly regulate the use of force by law-enforcement agents, in particular strictly limit the use of live ammunition in conformity to the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials;
  • Reform the security sector and train the police to respect human rights in the policing of protests, and to prevent torture and ill-treatment.
  • Repeal Law nº84 of 2002 and comply the draft new law on associations in line with international standards and in consultation with CSOs.

Freedom of expression

  • Ensure freedom of expression and media freedom, including by putting a halt to journalist arrests and media closures.

Gender

  • Ensure gender equality and non-discrimination based on sex in the Constitution; ensure women’s participation in political, economic and public life, and abolish discriminatory articles in personal status law, penal code and other; combat gender-based violence through enacting and executing laws against sexual violence and laws regarding protection from domestic violence;
  • Facilitate the establishment of a democratic legislative and constitutional framework which respects human rights, gender equality, fights all forms of discrimination on any grounds and recognises international conventions which prevail over domestic legislation, particularly the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW);
  • Establish a gender-sensitive transitional justice process and end impunity for perpetrators of sexual violence against women.

Justice

  • Completely halt the use of military courts to judge civilians;
  • Reform the judicial authorities’ law to ensure a genuine separation of power and prohibit any inappropriate or unwarranted interference of the executive in judicial matters.

Migration

  • Fully enforce anti-trafficking Law no. 1964 of 2010 and prevent the trafficking of migrants and refugees through Egyptian territory and in the Sinai; put an end to the current practice of arresting and detaining victims of trafficking in police stations without access to UNHCR, medical care, and adequate food and water;
  • Put an immediate end to all deportations of Syrian refugees and Palestinian refugees from Syria, as well as to the current practice of arbitrary arrest, detention and police harassment of Syrian refugees;
  • Egypt should guarantee access to schools and healthcare institutions for all refugees from Syria;
  • Egypt should remove its reservations to the 1951 Geneva Convention, in particular articles 22, 23, and 24 relating to primary education, public relief and assistance, and labour legislation and social security in order to allow refugees to lead a sustainable life in Egypt.