The Egyptian Organization for Human Rights submits bills to the Commission of Human Rights in the Parliament (23.03.08)

The Egyptian Organization for Human Rights submitted new bills to the Commission of Human Rights in the People’s Assembly. These bills related to amending some articles concerning torture in the penal code and criminal procedures law, and suggested a new bill for NGOs and private associations. The EOHR also proposed an alternative bill for political parties. Mr. Hafez Abu Seada confirmed the legislative definition defect for crimes of torture which lacks harmonization with the clause of Article 2 of the International Convention against Torture, which has been ratified by Egypt. This defect led to the absence of legal accountability for the perpetrators of torture who believe that they have impunity against being trialed. Punishments are not commensurate to the magnitude of crime committed, not only against the victims, but against all of humanity as well. In addition, practical and legal procedures should be taken into consideration to confront the torture phenomena and other ill-treatment to ensure the full realization of all items on the International Convention Against Torture and Other Cruel and Inhuman Treatment. In 2003, the EOHR submitted a draft law to the People’s Assembly to amend articles related to torture in the penal code and criminal procedures law. The bill focuses on the following:
Crimes of torture in Egyptian law and its amendments according to International Covenants in order to include the definition of torture according to what the International Convention against Torture has stated. This convention was ratified by Egypt in 1986 to confront impunity.
Strengthening punishment against the perpetrators of torture and realizing the inadmissibility of the use of clemency and extenuating circumstances for the punishment.
Amending legal Articles No. 126-129-280 of the penal code and Article 232 of the criminal procedures law and working on quickening criminal lawsuit against perpetrators of torture. As for NGOs, despite talking about the principle of "partnership" between civil society and the state, the Egyptian Constitution’s guarantee to form assemblies, and the right to participate and arrange peaceful meetings, the practical situation is quite the contrary as there are restrictions imposed on civil society. The government determines the activities of civil society and although legislation gives the right to form civil associations, this right is limited due to imposing restrictions and tough procedures. Abu Seada clarified that Law No.84/2002 is considered a hurdle facing civil work, as it impedes the development of civil society. So it is necessary to enact an alternative law for NGOs. This alternative law contributes to the procedures of establishing associations through notifying the administrative body without the need to obtain prior permission. Establishment procedures should not create difficulties for newly established associations. This bill helps to increase the role of civil society in decisions making and establishes a partnership between associations and the government. As for political parties, there are several restrictions that impede partisan development in Egypt. Much legislation impedes partisan work, such as Law No.40/1977 concerning political parties and the Committee of Political Parties. This was formed according to the law, but parties still suffer from interior issues such as the Similarity of Partisan Program for Egyptian Parties. All parties are forced to agree with common denominators without the possibility for changes, except for partial details or other sub-policies. Further, the absence of democracy inside parties is an issue. Decision making is limited to a narrow circle and includes only the party leader and limited number of others is one of the problems that impede the development of political parties. The Secretary-General of the Egyptian Organization confirmed that the right to political participation and establishing parties is guaranteed by Article 5 of the Constitution, but it is useless due to the existence of Law No. 40/1977. This law should be abolished and substituted by a new law that guarantees the establishment of political parties through notification. This new alternative law satisfies the general conditions to guarantee peaceful and democratic political expression and prohibits the establishment of military or paramilitary parties or parties based on religious grounds, ideological, sectarian or ethnic lines. Further, Abu Seada confirmed that freedom of opinion and expression is one of the most important files to be watched over. He also confirmed the necessary steps adopted by President Mubarak to cancel limitations on freedom and worked on revising legislative laws, including Law No. 96/1996 concerning press and restriction imposed on publishing newspapers and Law No. 159/1981 concerning stock companies modified by Law No. 3/1998 which requires approval by the Council of Ministers if the company has the right to issue newspapers. Several laws restrict the right to information, including Law No.121/1975 concerning the prohibition of using or publishing formal documents. Penal code No. 58/1937, which was modified by various specials such as law No. 29/1982, law No. 199/1983, law No. 97/1992, and law No. 93/1995, restricted the freedom of opinion and expression in several articles. Articles such as (86, 98B, 102, 187, 188, 191,192, 193, 194, 302, 306) have been restricted. Also the Emergency Law, law No.162/1958 is considered a clear restriction of the freedom of opinion and expression. It is necessary to cancel prison sentences in publishing crimes to protect the freedom of journalists and journalism according to international covenants on human rights.As for new terrorism law, Abu Seada confirmed that Egypt needs a law to struggle against terrorism but this law also has to protect human rights. Abu Seada verified the importance of economic and social rights. He confirmed the need to pay more attention to this issue through providing adequate health care, especially for low-income citizens, and providing suitable housing. Further, employees’ salaries must be analyzed to match the rising prices of goods. The Secretary-General also called for raising the siege imposed on the Palestinian People, describing what is happening as a crime against humanity.The meeting included Mr. Ahmed Abdul Hafiz, Vice Chairman of the Egyptian Organization, Mrs. Nashwa Nash’at, Director of Publishing and Researches and Dr.Award El Zahaby, Chairman of Commission of Human Rights, who welcomed the bills submitted by the Egyptian Organization. The commission will study these bills accordingly and consider cooperation between the two parties.