Egypt State Information Service - Twenty Five Years of Achievements

Since assuming office, President Hosni Mubarak has been keen to read the new givens of the world order to groom Egypt for the future, so as not fail to keep pace with what is taking place in the world. For such purpose, he launched a process of political and socio-economic reform. During his term in office, President Mubarak presented a unique experience in reform that is characterized by gradualness and paying attention to the social dimension.

Today, Egypt embarks on getting in a new era in which the system of legislations which regulates and operates aspects of life in Egypt are reformed, particularly those pertaining to trigger of freedoms, expansion of democracy, deepening of political and party multiplicity and practice of political powers.

The first step was amendment of article 76 of the constitution upon a historic initiative taken by President Mubarak, in virtue of which election of the President of the republic shall be made by a direct and free multi-presidential candidate vote. This move deepens the democratic regime which uphoists people will who has the final word in electing their leader.

Within this context, Law No. 174 of 2005 on regulation of the Presidential election was promulgated. The 58-article new law regulates all aspects of the presidential election process in terms of guarantees of candidatures, authorities of the commission in charge of election, election campaigning, ceiling of expenditures and way of ballot until declaration of results.

Law No. 175 of 2005 (bis) Law No. 38 of 1972 on the People's Assembly was promulgated. No doubt, there are other steps in the pipelines to complete the system of political and democratic reform in Egypt in a way they keep pace with the serious steps Egypt had taken for the socio-economic reform.

After that, the law of practice the political rights was amended. Recently, the Law No. 40 of 1977 (bis) Law No. 177 of 2005 on the political parties was promulgated, in response to several demands of parties. It triggered the freedom of setting up new parties within the Egyptian general political system.

In Egypt, political reform has comprised various dimensions of the political process. These dimensions include the presidential election process, the legislative institution, judiciary independence, the governmental performance, partisan life, freedom of opinion and expression, human rights practices, and civil society organizations.

President Mubarak has always been keen on using the constitutional liabilities granted to him in affirming people's sovereignty, respect of constitution, rule of law, and protecting national unity. He has always paid due attention to affirm the principal of separating between the various authorities so as to enable them to freely practice their roles. Besides, President Mubarak has not assumed the office of the Prime Minister except for only three months at the beginning of his reign. By his abstention to personally head the government, Mubarak has asserted his respect for the roles of each institution of the state, as well as the responsibility of the president to maintain the separation between authorities in accordance with the constitution.

In February 26, 2005, Egypt has started a new stage of political reform and democratic practice when President Mubarak gave directives to the People's Assembly and Shura Council to amend article 76 of the constitution. This article stipulates that the selection of the President of the Republic shall be through a referendum on a person chosen by the People's Assembly after having the votes of two thirds of its members. President Mubarak recommended that the article shall be amended to make the president's election through direct public vote on more than one candidate. Besides, President Mubarak gave directives to the People's Assembly to add a new article, namely bis 192, enhancing the march of democracy.

“Although, Article No. 198 of the constitution stipulates that both the President of the Republic and People's Assembly have the right to amend one or more article of the constitution, plus mentioning the required articles and reasons for this amendment.

In view of our keenness to support march of democracy and signify the role of people, to choose the president of republic at the time, I realized its my duty to amend Article No. 76 of the constitution, as well as adding new article to its provisions; i.e., Article No. 192 (Bis).

President Hosni Mubarak had signed the Law No. 174 of year 2005 related to presidential elections organization which became valid after its publishing in the official Gazette. Such law comprises 58 articles regulating guarantee, independence and neutrality of the electoral committee. Concerning electoral propaganda, the draft law includes specifying a period of 3 weeks for the electoral campaign through which the electoral propaganda is set up, and stopped 2 days before the fixed date for the vote. In the case of re-elections, electoral propaganda starts in the day after announcing the results of the vote and until 12 am of the day before the fixed date of the vote.

The law stipulates the commitment of the audio and visual media owned by the state to equalize among candidates in electoral propaganda. Furthermore, the draft law granted the presidential elections committee the authority to make action against violation of these rules.

Moreover, the law prohibits using paid advertisements connected to presidential elections in audio and visual media. In addition, it regulates publishing or broadcasting general opinion polls about presidential election during the period of the electoral campaign, the voting and counting votes where the voting is held in one day under general supervision of Presidential Elections Committee. The constitution and draft law entrusted the Presidential Elections Committee with formulating committees in charge of electoral process and counting votes, on condition that general committees formulated from members of judicial bodies by the Presidential Elections Committee, assume supervision on it.

In July 12, 2005, amidst optimistic atmospheres of transparent presidential elections performed according to direct secret ballot, first time in Egyptian history, the Supreme Committee supervising presidential elections started its tasks after taking oath.

The committee discussed procedures of submitting nomination papers, preparing candidate lists, examining complaints and deciding on aspects related to the committee's competence and tasks. Presidential nomination started in July 29 until August 4 for parties' candidates to handle over their papers to the committee's headquarters. The electoral campaign started in the 2^nd week of August, 2005 until carrying out the presidential elections in September 7, 2005.

Under President Mubarak's rule, Egypt has witnessed six parliaments, last of which is the 2000 Parliament, that reflected political maturity, and the outcome of political reform in the Egyptian society. As the parliamentary elections ran in October/November 2000 is the most integral Egyptian elections in the last decade, because they were supervised by an independent committee of judges, according to the Constitutional Court ruling issued on July 8, 2000. 15 political parties ran for those elections. Then came the parliamentary elections in November/December 2005 as a witness to the maturity of democratic experiment through judiciary supervision and glass boxes.

President Mubarak's rule has also witnessed the biggest parliamentary stability in Egypt's history. As it witnessed the end of constitutional terms of four Egyptian parliaments of 1979/1984, 1990/1995 and 2000/2005. The effectiveness of the legislative authority has remarkably increased in the fields of legislations and monitoring. Debates have been widened on many important topics affecting the broad masses.

The statistics conducted on the number of queries, interpellation, urgent statements, suggestions debate requests, questions and other tools of monitoring and legislations of the people's representatives, as well as those on the number of representatives tackling all these topics, confirm the size and effectiveness of the increasing role of the legislative authority in the Egyptian political life, thus gradually approaching the parliamentary practices in the most advanced democratic countries.

President Mubarak's rule has also witnessed the return of suspended parties to practice their activity. The number of parties rose from 5 (two of which were suspended), upon President Mubarak's assumption of power, to 21 political parties at present. Hence, reflecting the political tolerance atmosphere that encourages many political power and groups to from parties and express their viewpoints and attitudes, as well as lifting restrictions on the formation of political parties.

On 4/7/2004, The People's Assembly has approved the political parties law, so as to pursue political reform, in accordance with the principle of widening political participation ground and deepening democratic practice through political parties, being the legitimate framework through which the society's forces exercise their right to gather and exchange viewpoints on public affairs, and express their opinions within the context of declared principles, targets, programmes and policies, aiming to deepen democracy and achieving sovereignty of the people being the source of powers.

The main features of the political parties' law are based on six axes. First of which is the formation of the party; with a view to ensuring the seriousness of the formation request, facilitating the formation procedures, and limiting terms of formation or existence of a political party to the minimum. As it was provided that the principles, or targets, or programmes, or policies, or means of exercising its activity should not be contradictory with the constitution, and canceling the abidance by the principles of the July and May Revolutions, and the socialist system and gains, in compliance with the nature of the current state economic course.

The quorum of signers on the party formation request was raised from 50 to 1000 members from at least 10 governorates, and not less than 50 members from each governorate. Such quorum is an adequate number of citizens in proportion to the number of Egypt's inhabitants, provided that it is distributed among at least 10 governorates, so as to ensure the existence of the popular ground for the party; leading to the wideness of its political activity circle. The law also stipulated the notification as means of forming political party. As the Political parties' Affairs Committee is committed to decide on party formation after receiving the written notification presented by founding-members within the next 90 days, provided that the expiration of the aforementioned period without issuance of the committee's decision is considered an approval of formation. The committee's decision of disapproving party formation should be justified. Stipulation of party's right to exercise its activity is considered a document in legal person, effective from the next day of the publication of the committee's approval decision.

To ensure full independence of the Political Parties' Affairs Committee, 3 public figures who are not members of a political party, are appointed in the committee to become nine members, 7 of them are ex-judges and public figures. Minister of Justice is excluded from the committee being in charge of choosing member-public figures at the jurisdiction which considers the appeals against the committee's decisions. The law clearly stipulated the financial subsidy by the state to political parties as one of their resources, thus, representing a legal obligation of the state in this context, as well as opening the door of donation to the party by ordinary Egyptian persons who are not party members. The annual financial subsidy by the government is defined at a quota of L.E. 100.000 to each party for ten years period, provided that the party is not entitled to after the aforesaid period, unless it has at least one seat won by one of its nominees at the People's Assembly or Shura Council. Each party's quota increases by L.E. 5000 for each seat won at the People's Assembly and Shura Council, at maximum of L.E. 500.000 to each party, as an additional incentive for parties to seek bigger representation at the two councils.

In accordance with the amendment of article 76 of the Constitution providing for political parties to nominate candidates for presidency from member of their supreme board, the law stipulated that the party is committed to notify the Chairman of the Political Parties' Affairs Committee of the formation of its supreme board, every decision of replacing its chairman or any of the b0ard members, as well as of every amendment in its regulations and statute.

The law also stipulates the party's right to issue newspapers, cancel the assumed responsibility of the party's chairman for the material published, and the committee's right to suspend the issuance of party's newspapers. The law also stipulates ensuring the freedom of practicing partisan activity, propagating its concepts by legitimate means, publishing information on its activities, participating in referendums and public elections, and using the state-owned audio-visual media for electoral propaganda. The law also stipulates the freedom of practicing partisan activity; particularly; the unlawfulness of the provision of stating partisan membership in official documents, as well as equal treatment of members of competing parties, and indiscrimination between them because of their membership in a specific party.

The Legislative Committee approved the law tendency to widen participation in public life, through activating the role of political parties, and lifting restrictions impeding their leading role in political life, being the basis of the political system of state.

President Mubarak has a strong belief that both freedom of opinion and expression and that of the press are rights of citizens and concomitantly a way of entrenching the national work, in a bid not to deviate from the right path. Furthermore, the above-mentioned freedoms act as a fundamental constituent of the democratic practice. The main features of the granted freedom of expression are as follows:

a- Permitting the issuance of newspapers and magazines on the largest scale ever since 1952, thus bringing the total new number to more than 500 newspapers that reflect different political trends. For the first time along its history, Egypt now has private newspapers in addition to national and independent ones.

b- Respecting freedom of expression regardless of the degree of opposition. Along 24 years, no newspaper underwent annulment, revoking of its license, confiscation of its issues or stoppage of its publication and distribution. On the other hand, no journalist was forced to quit his work or change his opinion, as it was the case in the past. No journalist was addressed because of his opinion except through law and judicature.

c- The Supreme Press Council established an important rule, by virtue of which journalists through their syndicate lay down the Code of Ethics that was later approved by the Supreme Press Council. In addition, Law No. 96 of 1996 stipulates the rule that realize equilibrium and integration between freedom of press and respect of the private lives of citizens, along with safeguarding the society's values, traditions and supreme interests.

As part and parcel of the International Community, Egypt shared in establishing, deep-rooting and developing human rights principles. Egypt took the initiative in 1926 and signed the Agreement on Banning Slavery and the complementary agreements thereof. In addition, Egypt is one of the founding states of the UN and it signed the Charter of the United Nations in 1945, with all its basic principles as regards political, social and economic human rights.

Egypt shared in drafting the Worlds Declaration on Human Rights and signed it on December 10, 1948. In 1976, Egypt signed the two international conventions on civil, political, economic, social and cultural rights, and officially joined them in 1981.

In 1969, Egypt joined the Agreement on Combating Racial Discrimination. Furthermore, Egypt shared the world community to reach the World Convention on Combating Racial Discrimination in 1965, the World Convention on Combating Discrimination against Women in 1979, the Convention on Combating Torture in 1984 and the Agreement on Child Rights in 1989.

Prior to the establishment of the National Council for Human Rights in 2004, the there were eight NGOs that exerted great efforts in providing a keen follow-up of human rights in Egypt. These organizations were the Egyptian Organization of Human Rights (1985), the Arab Organization of Human Rights (1983), the Arab Programme of Human Rights Activists (1997), Cairo Center for Human Rights Studies. The Center of the Egyptian Child Rights, Aiding Prisoners' Center (1997), Women Issues Center (1995) and Judicature Independence and Litigation Arab Center (1997), as well as other centers and organizations that work in the same field within the framework of utter freedom. In addition, Egypt hosted tens of governmental and non-governmental conferences on human rights and all the related issues, namely the recently-held conference on freedom and rights of expression in the Arab World and the Conference on Reform in the Arab World, held in the Library of Alexandria last year.

In view of Egypt's remarkable long-exerted efforts in the field of human rights, Egypt moved in great strides, during the last few years, to enhance human rights. To this end, it exerted ceaseless efforts to entrench political democracy and partisan plurality, widen women and youth participation, adhere to the principle of the sovereignty of law, separate between authorities and safeguard citizens' rights in leading a proper social and economic life.

A) The National Council for Human Rights: its establishment came up on a recommendation by the annual congress of the NDP in 2003 to establish a national council for human rights that shall possess the juridical personality and enjoy financial and administrative independence, so as to be an effective national mechanism that safeguards human rights, formulates national policy to enhance human rights and draws up all plans and programmes that help achieve the aspired objectives in this vein. Accordingly, the National Council for Human Rights was established by virtue of law No 94 of 2003 that was passed by the People's Assembly on June 15.2003, to be affiliated to the Shura Concil.

On January 19, 2004, the Shura Council approved the hierarchy of the National Council for Human Rights that includes a president, a vice-president and 25 members of top figures known for their experience and interest in the field of human rights.

B) Abolish Supreme and Primary State Security Courts: On June 16, 2003, the People's Assembly approved repealing law no. 105 of 1980. Such an approval lead to abolishing the state security court, except those constituted by virtue of the Emergency Law. Such courts are naturally temporary based on the emergence of a state of emergency, conditional on the fact that the competences of these courts would revert to the courts stipulated in the law on criminal procedures.

C) Abolish Penal Servitude: The People's Assembly approved, on June 16, 2003, abolishing temporary and life penal servitude. These two penalties were replaced by life and temporary imprisonment abiding by the necessity that there should be adversity in the degrees of penalties.

Furthermore, the law tended to cope with the consequences of applying Article 395 (First Paragraph) in the law on criminal procedures concerning a retrial after a previous ruling in a felony. This paragraph was replaced by a new law that avoids the repetition of procedures in the same case, in a manner that helps an expedient settlement in presence in the nearest hearing after arresting or the presence of the convict. The paragraph prohibits the drop in absentia sentence without the presence of the convict. It also prohibits any aggravation in the ruling of in absentia sentence.

D) Abolish some Military Commands: President Mubarak called, in his closing address of the first National Democratic Party (NDP) conference on September 28, 2003, for abolishing all military commands issued during the enforcement of the Emergency Law, except what is essential in preserving security and public order.

E) Amend the Nationality Law: Some provisions of Law no. 26 of 1975 on the Egyptian nationality have been amended. Article 1 of such law stipulates that whoever is born to an Egyptian national father or mother is deemed an Egyptian national. Such amendment realized the principle of equality between those who were born to an Egyptian father and an Egyptian mother to enjoy the Egyptian nationality with no restrictions. Such amendment copes with the modern trends of the nationality laws that codifies the right of the mother to give her nationality to her children, and codifies the conditions of the children of an Egyptian national mother and a non-Egyptian national father, and the legislative provisions in the necessity of granting the Egyptian nationality upon their birth from an Egyptian mother with no regard to the nationality of their non-Egyptian father, to be similar to those who were born to an Egyptian national father and a non-Egyptian national mother. This was an essential request in the framework of adopting women rights, especially her right to equality with men.

Such a provision has proved that it greatly harms women for various reasons. From one hand, it encourages the kidnapper on this act instead of driving him away from it, and he takes it as a presumption to escape from a grave penalty as kidnapping, let alone the rape. In the light of the above mentioned facts, the legislator had repealed article 291 so that the penalty of kidnapping would restore the deterrent force to such a penalty to protect women, so that the sword of punishment would always be drawn upon the convict.

G) Provide the Administrated Justice to Citizens: The state is always seeking to provide an administrated justice that ensures respecting the citizens' rights, protecting their interests, applying law with severance, neutrality, facility and efficiency, and implementing its provisions immediately without any difficulties. Such a justice provides the feeling of belonging to his homeland. In order to realize the aspired justice, the following points have been met:

- Establish conciliation committees according to Law no. 7 of 2000. Such committees were established to conciliate in some disputes in which ministries and judicial entities are engaged. It was meant to establish a new tool that helps solve the disputes between the administrative bodies and their employees, or the dealers with such bodies, so as to realize further expediency and justice in solving disputes with the state bodies and to extenuate from courts, as much as possible, the conciliation in disputes, and to alleviate from the citizens the burdens of judicial legislation and resorting to courts. 318 committees have been constituted all over Egypt.

Enforcing and applying the State Council law no. 74 of 1972 of and the law of State Lawsuits Authority could lead to a remarkable efficient justice according to the article no. 28 in the State Council law. On the other hand, State Lawsuits Authority participates to a large extent in putting an end to litigations between the state and citizens.

The Egyptian Constitution stipulates the principle of equality between woman and man. A body of laws and legislations were issued with a view to putting an end to the discrimination between woman and man, such as law No. 12 for 1996. It was promulgated in compliance with the Agreement on Child's Rights.

It stipulates protective procedures for mothers and children, and guarantees woman's rights as a mother and working woman. Law no. (1) for 2000 provides the organization of some procedures of negotiations in personal status, divorce, alimony, the wife's right to divorce at the instance against compensation (Khol'a), and canceling the system of in absentia sentences and raising objection in personal status cases. Law no. 10 on establishing family courts was issued in 2004.

Laws on family insurance fund and the new passport draft were promulgated. Law no. 154 was issued in 2004 on achieving constitutional equality between the Egyptian mother and Egyptian father in granting nationality for the children of the Egyptian woman married to a foreigner. Besides amending the law of choosing village mayors and chiefs. Egypt has been committed to international agreements and conventions aiming at supporting women. It signed the agreement on ending all kinds of discrimination and violence against woman in 1981, and is committed to the World Work Programme for boosting woman endorsed in 1995 in Bijing.

President Mubarak established a national committee for woman in 1993 to promote the role of woman in the society. In 2000, the National Council for Woman was established in accordance with the Presidential Decree no. 90, as an independent constitutional institution, and an expression of woman's promotion, and cooping with cultural trends.

The state adopts policies aiming at social and political empowerment of woman. The number of women enrolled in elections lists has become 9 millions in 2005. A centre for political rehabilitation of women was established, so as to help building up female cadres able to run for elections (towards a distinguishing parliamentary performance of woman) in 2006. Hence encouraging her participation and representation in the parliament.

Egypt is committed to increasing the education opportunities for girls, particularly in rural areas. The rate of illiteracy among females has dropped to 43.8% on 1-1-2005. Girls represent currently a big percentage of students enrolled in university education, at a rate of 9% of the total number enrolled in 2005/2006.

Woman has played an important role in the economic field since the 80s. As females represent 22.6% of the total labor force in January 2006. The rate of female contributions in the economic activity in 2003 was about 13.3%. The state embarks upon promoting the rural woman, particularly bread-winner women, as well as promoting the competitive capacity of woman in the labor market, and decreasing the rates of unemployment among women.

The number of women has multiplied in all high posts. It reached 25.7% in September 2004. The Egyptian woman was appointed a minister in the government since the 60s, in 1962. The role of woman in the Egyptian diplomacy was a great success. As to Judiciary, Egypt tended to achieve equality between woman and man, President Mubarak issued a decree of appointing Judge Tahani el-Gibali a member in the Supreme Constitutional Court; the highest post in the judiciary. The number of women working in the administrative prosecution totaled 436, and in the State Lawsuits Authority 72 women.

Law no. 32 of 1964 concerning associations and private institutions, (Bis) law no. 84 of 2002 concerning NGOs, organizes the process of establishing civil society organizations and its activities in Egypt. Number of non-governmental organizations registered in Egypt rose from 7593 in 1976 to 21558 in 2006.

These organizations include commercial authorities, private businesses, supportive organizations, clubs, youth centers, political parties and NGOs. These organizations do not include Federation of Chambers of Commerce, Federation of Egyptian Industries and Egyptian Trade Unions Federation, because they are considered organizations with definitive nature.

In January 2003, the People's Assembly adopted the workers strike right for the first time in Egypt. According to such decision, holding strike in unstratgic workers building become legislative through the agreement of two thirds of general syndicate members after the failure of negotiation, mediation and arbitration stages with employer. Therefore, the strike notice should include its reasons and its scheduled time. The government agreed to make the strike time as unpaid vacation for the worker to protect him against arbitrary decisions.