Three years ago, when the Mubarak regime was overturned on 25 January 2011, there were high hopes for a democratic future in Egypt. However, human rights violations have remained widespread and granted with a total impunity. The hopes remained high ahead of the Egyptian constitutional referendum that took place on 14 and 15 January, in the course of which 38% of voters approved the Constitution by an overwhelming 98% majority. The Euro-Mediterranean Human Rights Network (EMHRN) welcomes improvements in the Constitution such as those bearing on women’s rights, economic and social rights and the reference to international human rights instruments, whilst remaining concerned about other points, for example allowing the trials of civilians before military courts and the discriminatory restriction of religious freedoms to Abrahamic religions.
Beyond considerations on the Constitution itself and the result of the Egyptian people’s vote, the EMHRN expresses concern over the lack of an enabling environment for democratic and pluralistic debate in Egypt, where violations of the right to freedom of expression, association and assembly have been rife in the past months. In this crucial time of transition which includes forthcoming elections, the Egyptian interim government should respect peaceful political debate instead of stifling dissenting and minority opinions. Furthermore, the Egyptian authorities should also ensure non-partisan accountability for the human rights violations that have happened in the past three years.
Indeed, freedom of expression, peaceful assembly and association are essential elements in a democracy as they are a basic means of democratic participation, which is not limited to voting. Citizens’ participation in public affairs is a fundamental right protected by article 25 of the International Covenant on Civil and Political Rights. In its resolution 15/21, the UN Human Rights Council calls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections.
Whilst acknowledging the legitimate concerns for public safety in this troubled period in Egypt, the EMHRN wishes to remind that under the International Covenant on Civil and Political Rights, of which Egypt is a State party, there are clear and binding standards for the restriction of certain rights such as freedom of assembly that can in no case be derogated from. On the contrary, the EMHRN is firmly convinced that the respect for human rights and fundamental freedoms is the best way to prevent the deepening of violence in Egypt.
EMHRN believes that the EU should actively engage with Egypt to proactively start showing commitment to “strengthening democracy and the rule of law and consolidate the independent and effective administration of justice”, as stated in the political chapter of the EU-Egypt action plan of the European Neighbourhood Policy.
Recent violations of freedom of expression, association and assembly in Egypt
As detailed below, a series of events, beyond those bearing on the clashes between the army, police and Muslim Brothers, show that real free and fair political debate has not been held before the referendum.
Firstly, over the past weeks, the harassment of activists has significantly increased. A few days before the referendum, seven activists were arrested in different places for hanging posters calling for a “no” vote on the Constitution. The 6 April youth movement and civil society organisations critical of the government’s human rights record have also been targeted. On 28 November, Alaa Abdel Fattah was arrested and was convicted of torching the campaign headquarters of politician Ahmed Shafiq in 2012. He has been given a one-year suspended sentence and faces further charges of organising illegal protests.
On 18 December the police raided the headquarters of the Egyptian Centre for Economic and Social Rights and arrested six members, five of which were released on the following day. On 22 December, one of them, Mohamed Adel, was sentenced to three years of prison and a fine of 50,000.00 Egyptian pound, along with 6 April activists Ahmed Maher and Ahmed Douma. They have been condemned on the basis of the new law on assemblies issued on 24 November, which has been denounced by human rights organisations as freedom-depriving. This law allows for very heavy sanctions against peaceful protesters for misdemeanour such as un-notified gatherings.
At least seven peaceful activists from the Strong Egypt party were arrested for possessing posters calling for a “no” vote ahead of the referendum, between 7 and 12 January. According to the Interior ministry, 444 people were arrested over the two-day vote because of their attempt to “obstruct the vote on the constitution and clashing with security forces and residents”.
Secondly, another worrying trend is the escalation of violence during protests: on the first day of the referendum, ten people died in Egypt, in clashes between police forces and pro-Morsi supporters who called for the boycott of the referendum, according to security sources. The EMHRN is also worried about several reported deaths of students over the past days in different Egyptian universities after pro-Morsi students clashed with police. The EMHRN reminds that even in cases of violence in the context of protest, police forces should always apply the principles of necessity and proportionality and should never rely on firearms as a means of crowd-control. Protecting lives should always be a priority and the increasing death toll will certainly not conduce to the pacification of the political debate.
Thirdly, in addition to political arrests and systematic repression of protests in recent months, journalists also face increased difficulties in doing their work especially when working in media that hold views different from that of the government. Four Al Jazeera journalists were arrested on 28 December and three of them are being accused of organizing an illegal assembly with the Muslim Brotherhood and ‘threatening domestic security’. According to the Committee to Protect Journalists (CPJ), at least seven journalists are still held in prison in Egypt. These violations of freedom of the press are extremely worrying, especially in a context of elections.
Lastly, EMHRN is concerned over the fact that an amended association bill violating international standards is still in the legislative pipeline. Indeed, according to this bill, obtaining foreign funding will require and approval process requiring the non-objection from the Ministry within 30 days of “notifying”. It also include a provision on NGOs registration which provides that a committee should review the applications within 60 days, but the text does not state what happens if there isn’t any response from the committee’s side. According to this text, NGOs can also be dissolved by court order if they do not comply with the law and the constitution or with the “Activity practices agreement” which is not detailed in the law, and could mean that further restrictions on freedom of association could be imposed outside of the law.
Recommendations
EU high representative Ashton has recently stated that the EU “will continue supporting the Egyptian people as they strive to complete their democratic transition and fulfil the aspirations of the 2011 revolution”.
In order to achieve that, the EU should urge the Egyptian authorities to do the following:
– Genuinely facilitate and protect freedom of expression, assembly and association in general and with enhanced standards in the coming electoral period, including by putting an end to political harassment;
– Ensure accountability, including through an independent and impartial administration of justice, for the human rights violations that have occurred in the past three years;
– 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 restrictive a freedom of assembly, which is a fundamental right; the law should abide by international standards such as the presumption in favour of assemblies, minimum regulation, necessity in a democratic society, and proportionality of restrictions;
– Ensure that the provisions of the new Constitution on fundamental rights and freedoms, including freedom of expression and assembly, are fully implemented.