Egypt is one of the countries advocating human rights and enhancing the fundamental freedoms of the human person. Egypt's history with human rights is as anciant as old civilizations, where the Eloquent Peasant drafted the first documents of human rights in history. He delivered a speech to the Pharaoh reminding him of his duties towards individuals and their rights. Such a document has been a statement of human rights in justice, equality and freedom of expression.
Pharaonic civilization adopted the human right to life, to health insurance, and to education, and approved the principle of equality among all people.
Egypt has embraced Christianity when called for liberalizing the human being from slavery, and reaffirmed that tolerance, justice and purity and salvation of the spirit are the real essence of human presence.
Islamic civilization has focused on that the human being as an individual enjoys a special status as for God Almighty, and on the relation of the individual with the political group and the state. Such a relation is based on the principles of freedom, justice and solidarity.
In addition, Islamic civilization focused on the non-Moslem individual position in the Islamic state. It secured the same rights of Muslims to them. These rights are the right to life, the right to practicing the religious rituals freely, the right to acquisition and the right to work.
Egypt has gone through several political experiences that contributed to crystallizing the concepts of human rights. The first liberal era had witnessed the establishment of political parties and the parliamentary system in Egypt. The formation of the National Association, called later the National Party, emerged from the Representative Shura Council (1879); the oldest political party in Egypt.
Moreover, by the advent of the Orabi-led Revolution, which was ended by the British occupation, parties were established successively. In 1907, National Party, Ummah Party and Reform Party were established. Such three Parties have played prominent roles in the Egyptian political life scene till the 1919 Revolution. Their platforms had called for a real constitution.
The first people's democratic council was established in the era of Khedive Ismail. It, as a consultative house of representatives, laid down the Constitution of 1923, the first liberal constitution in Egypt. Press flourished, and the culture of rights and civil freedom spread together with the ideas of some reformists and enlightenment advocates, e.g, Imam; Muhammad Abdu, Al- Kawakeby, Kasim Amin, Salama Mussa, ..etc.
The non-governmental organizations (NGOs) have been established since 1878/79. They have built schools, hospitals and various social services institutions.
The first human rights organization in Egypt was established in the late 1920s and early 1930s. It was established to defend political freedoms after the 1919 Revolution against the alliance of the ruler with the British occupation in violating these freedoms, and against rigging elections.
Egypt was among UN member-states that participated in drafting, preparing and adopting the Universal Declaration of Human Rights, where the Egyptian government appointed the late Dr. Mahmoud Azmi as a rapporteur general at its delegation in Human Rights Committee in the United Nations. He participated in the deliberations to lay down the first international document for human rights (Universal Declaration of Human Rights) that was adopted by UN General Assembly meeting, which was held in Paris on December 10, 1948. Egypt also participated in drafting the International Covenant for Civil Political Rights, the International Covenant for Economic, Social and Cultural Rights, Convention on the Elimination of All Forms of Discrimination Against Women, and Convention on the Rights of the Child.
At the Human Rights Committee in Geneva in 1977, Egypt was the pioneering country that took the initiative of “the Right to Development” as one of the fundamental human rights.
On November 11, 1976, late president Sadat declared the formation of parties according to Law No 40 of 1977, in order to form the political parties away from caste or religious bases. Such a period had witnessed the first initiative of establishing an Arab regional organization for human rights in 1968. The establishing meeting was in Beirut.
The Arab Organization for Human Rights and the Egyptian Organization for Human Rights were established in 1983 and 1985 consecutively.
President Hosni Mubarak's decree for amending Article 76 of the Egyptian Constitution is a bright and brave mark for promoting democracy and maximizing the partisan role, in addition to supporting the role of civil society institution in comprehensive development and in spreading the human rights culture.
International and Regional Agreements and Conventions Egypt has Acceded to
As regards the legal system in Egypt, international and regional conventions rank second after the Egyptian Constitution. Pursuant to ratification, accession and enforcement, these conventions are deemed applicable and enforceable legal texts before all legislative, executive and judicial authorities. In addition, these conventions enjoy complete immunity against any law that might be adverse to its provisions; thus any such a law could be annulled by the Supreme Constitutional Court.
Egypt is always keen on participating in all international and regional fora concerned with human rights. In this vein, Egypt declared its approval and accession to many international conventions. It also declared their legitimacy through binding bonds that ensure entrusting international committees with the right to follow up with the implemention of the commitments emerging therefrom, and adjusting national legislations in accordance with the provisions of these international and regional conventions.
First: International Conventions Egypt Acceded to on the International Level
* Convention on Slavery, signed in Geneva in September, 1926, the amending protocol in 1953, and the complementary Convention on the Abolition of Slavery and the Slave Trade, 1956. Egypt acceded to the Convention on January 25, 1928, ratified the amending protocol on September 29, 1954, and ratified the complementary convention on April 17, 1958.
* International Convention on the Prevention of the Crime of Genocide, December 9, 1948. Egypt acceded to the Convention on January 28, 1956.
* International Labour Organization (ILO) Convention (29) on Serfdom or Compulsory Work, Geneva 1930. Egypt approved accession to the Convention on October 4, 1958, and implemented accession on November 29, 1956.
* ILO Convention (No 105) on the Prohibition of Serfdom, Geneva 1957. Egypt approved accession to the Convention on October 4, 1958, and it was entered into force on October 23, 1959.
* Convention for the Suppression of Traffic in Persons and of the Exploitation of the Prostitution of Others, 1950. Egypt ratified the Convention on June 12, 1959, and it was entered into force on September 10, 1959
* International Covenant on the Elimination of all Forms of Racial Discrimination, 1966. Egypt approved accession to the Covenant in 1967, and it was enforced on January 14, 1969.
* International Convention on the Suppression and Punishment of the Crime of Apartheid, 1973. Egypt acceded to and ratified the Convention in 1977, and it was entered into force on July 15, 1977.
* Convention Relating to the Status of Refugees, Geneva 1951. Egypt acceded to the Convention in 1980, and it was entered into force on August 20, 1981.
* The Protocol Amending the Convention Relating to he Status of Refugees, 1967. Egypt acceded to the Protocol in 1980, and it was entered into force on May 22, 1981.
* International Covenant on Civil and Political Rights, 1966. Egypt signed the Covenant in 1967, and acceded to it in December, 1981 and it was enforced starting from April 14, 1982.
* International Covenant on Economic, Social and Cultural Rights, 1966. Egypt signed the Covenant in 1967. It was ratified by the President of the Republic in 1981, and was enforced starting from April 14, 1982.
* Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), 1967. Egypt ratified the Convention and it was enforced on September 18, 1981.
* International Convention on Women's Political Rights, 1953. Egypt acceded to the Convention in 1981 and ratified it on September 8, 1981.
* International Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment, 1984. Egypt ratified the Convention in 1986, and it was entered into force on July 25, 1986.
* International on the Rights of the Child, 1990. Egypt acceded to the Convention in 1990, and it was entered into force on September 2, 1991.
* International Convention Against Apartheid in Sports, 1985. Egypt acceded to the Convention in 1990, and it was entered into force on May 2, 1991.
* International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. Egypt approved accession to the Convention in 1991, and ratified it in 1993, and it was entered into force on June 1, 1993.
* The Optional Protocol to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography, 2000. The Presidential Decree No. 104 of 2002 was issued for approving the Protocol (with reservations on the ratification clause).
* The Optional Protocol to the Convention on the Rights of Child on the Involvement of Children in Armed Conflict, 2000. The Presidential Decree No. 105 of 2002 was issued on approving the Protocol (with reservations on the ratification clause).
Second: Regional Conventions
* OAU Convention on Problems of Refugees in Africa, 1969. A Presidential Decree was issued on approving the Convention in 1980.
* The African Charter of Human and Peoples' Rights, 1980. A Presidential Decree was issued on February 27, 1984 on approving the Charter and it was entered into force starting from October 21, 1986.
* The Charter of the Arab Child Rights, approved by the Council of the Arab Ministers of Social Affairs, 1983. A Presidential Decree was issued in 1993 on approving the Charter and it was entered into force starting from January 11, 1994.
* The African Charter Draft of the Rights and Welfare of the Child, 1990. A Presidential Decree was issued in 2001 on approving the Charter with some reservations. The Charter has not been entered into force yet.
* Cairo Declaration of Human Rights in Islam. Egypt was so keen, as a member in the Organization of Islamic Conference (OIC), held in Cairo in August 1990, on issuing this Declaration which is considered a luminous landmark in the history of OIC, refuting all the malicious claims that aim at distorting the stance of Islam towards human rights.
* The Arab Charter of Human Rights. The Arab Charter was promulgated, believing in the human dignity and in the fact that the Arab nation is the cradle of religions and civilizations of sublime values, achieving the eternal principles of the righteous Islamic religion and other heavenly religions and believing in the unity of the Arab nation and its role in fighting for its freedom, defending the nations' rights in self-determination, and sovereignty of law and realizing justice and equality of opportunities. The Arab Charter of Human Rights was issued by a resolution of the League of Arab States on September 15, 1994. The Charter has not been entered into force yet.
* The Arab Charter of the Right of the Child. Egypt has acceded to the Charter in 1993, and it was entered into force starting from January 11, 1994.
* The Arab Convention on the Establishment of the Arab Woman Organization. The League of Arab States approved the establishment of the Organization on September 10, 2001. Egypt acceded to the Convention, but it has not been entered into force yet.
Third: International Conventions Egypt has not Acceded to
- The first and second Protocols to the International Covenant on Civil and Political Rights.
- Convention on the Nationality of Married Women, 1957.
- Convention on Consent to Marriage and Minimum Age for Marriage, 1961.
- Convention on the Reduction of Statelessness, 1961.
- Convention on the Status of the Stateless, 1954.
In some conventions, Egypt's accession was associated with some reservations; so as to preserve the Egyptian dignity and the provisions of Islamic Sharia', and without prejudice to the core of international and regional conventions.
Egypt fulfilled all its commitments as regards presenting periodical reports before the African Committee for Human Rights and the UN six Committees that were established in accordance with the provisions of both the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights as well as the Convention on the Rights of Women, the Convention on the Rights of the Child and the Convention Against Torture and Racial Discrimination. These reports were discussed and Egypt has succeeded in clarifying several points as regards the significance of these conventions, the adjustability of national legislations to International criteria of human rights and Egypt's complete abidance by these conventions.
Human Rights in the Egyptian Constitution
The draftsmen of the Egyptian Constitution took into consideration all the principles of basic human rights and freedoms mentioned in the past Egyptian Constitutions as well as the new international conventions, declarations and resolutions.
In addition, they were so keen that the provisions of the Constitution should tackle the national Egyptian vision concerning the due respect for the human person's dignity, the universality of his rights and the rule of law as the basis of the legitimacy of power as well as Egypt's fulfillment of her regional and international commitments.
The four chapters of the Egyptian Constitution include several principles of human rights and freedoms, as well as the guarantees that safeguard all rights and freedoms and criminalize the infringement upon them.
The first Chapter of the Constitution includes several principles of rights related to the state, namely the principle of “The People is the Origin of all Powers”, and the principles of political freedom, party pluralism and the right to nationality.
The second Chapter of the Constitution, entitled; “The Basic Components of the Society”, includes many principles of human rights, namely; the principle of equality of opportunities and fairness of distribution of burdens of public costs, the principle of protecting family, motherhood and childhood and caring for youngsters and youth, the principle of equality between men and women, the principle of the right to work and prohibition of serfdom, the principle of the right to assuming public posts, the principle of the right to cultural, social and health services and social insurance, the principle of the right to free education at different stages and rendering it compulsory in its basic stages, the principle of insuring justice of distributing the national income, guaranteeing the minimum of wages, eliminating unemployment and raising the standard of living, and the principle of maintaining and safeguarding the rights of private property.
The third Chapter of the Constitution, entitled; “Public Freedoms, Rights and Duties”, includes many principles established by international conventions that were promulgated in different fields of human rights, namely the principle of equality of rights and duties and the prevention of racial discrimination and the principle of the right and protection of private freedom.
The third Chapter also includes the principle of treating the detainee in a manner to preserve his dignity, and that he may not be physically or spiritually abused or tortured, or detained in any place not subject to the laws issued on prison statutes, the principle of non-permissibility of conducting any medical or scientific experiments on any person without his approval, the principle of the inviolability of houses and citizens' private life, the principle of freedom of belief and practicing religious rituals, the principle of freedom of opinion, expression, media and publication, the principle of freedom of scientific research and literary, artistic and cultural creation, the principle of the freedom of movement and the non-permissibility of banishment or refusal of return to the homeland, the principle of asylum for foreign refugees persecuted in their countries for defending their peoples' rights, human rights, peace and justice and the prohibition of extraditing the political refugees, the principle of the right to private assembly, the principle of membership and forming associations, the principle of establishing and forming unions and syndicates and the principle of the right to election and nomination.
The fourth Chapter of the Constitution, entitled; “The Rule of Law”, includes many principles important to human rights and its protection, namely the principle of independence and immunity of the judiciary, the principle of the personal penalty and that there shall be no crime or penalty except in accordance with a law, and no penalty shall be carried out except by a court ruling (except for the actions subsequent to the date of enforcement of such law), the principle of the accused is innocent until proven guilty by a legal trial that ensures the rights and guarantees of self-defense, the principle of the rights to litigation and recourse to the natural judge for every one, expedient resolution of cases, prohibition of granting immunity to any act or administrative decision against the judiciary control, the principle of the right to defense and ensuring such a right to the disadvantaged, the right to instant notification due to arrest and to contact whoever is deemed necessary to be expediently notified of the charge to which he is accused and the right to lodge grievance against the measure that limits his freedom.
Some rights are not mentioned in details; such as the right to marriage and to choosing a wife and the right of parents to choosing the means of raising their children. Egypt's judiciary of the Supreme Constitutional Court stated that neglecting stipulating some rights does not mean rejecting them, rather, the constitutional texts should be linked together.
The Constitution was amended on May 22, 1980, to achieve compatibility between the political and economic system on one hand and the principles that Egypt abided by within the International Covenant on Civil and Political Rights on the other land. Egypt only ratified the Covenant in 1981 after amending the Constitution.
The principles of human rights and freedoms, being included in the Egyptian Constitution, have gained a great deal of stability, same as the constitutional texts; thus becoming on top of the legislative structure. All authorities shall not infringe, contradict or amend such texts through lower level legal texts. The inclusion of the principles of human rights in the Egyptian Constitution insured the constitutional protection through the Supreme Constitutional Court.
Human Rights Bodies and
Institutions in Egypt
First: Judicial Bodies
In order to perform its role for achieving justice and protecting individuals' rights , the judiciary is divided into : constitutional judiciary, represented in the Supreme Constitutional Court, administrative judiciary ; represented in the State Council and its affiliated courts, and the ordinary judiciary; on top of which is the Court of Cassation and the Public Prosecution.
1- Supreme Constitutional Court
The Supreme Constitutional Court established by virtue of Law No. 48 of 1979 has the jurisdiction of control over the constitutionality of laws and regulations, settling competence disputes between judicial bodies, settling disputes resulting from the issuance of two contradicting final decisions, and finally interpreting legislative texts and decrees enacting laws.
The Supreme Constitutional Court has issued several rulings that enhance human rights in many fields, salient of which are:
In the economic field, the principle of political freedom, the right to forming parties and partisan participation, the principle of equality and equal opportunities, the principle of family and childhood protection, the right to marriage and choosing a spouse, the right to work and its resulting rights, the right to assuming offices and the State's sponsorship for insurance services (right to pension), the principle of maintaining private property, personal freedom, inviolability of houses and private life, the principle of freedom of opinion, expression, gathering, and establishing syndicates and unions on democratic bases, the principle of personal penalty and that there shall be no crime or penalty except by a legal text, the legality of punishment without repeating it for the same act of offence, the invalidity of laws issued retrospectively, the recognition of the principle of “the accused is innocent until proven guilty”, and the right to litigation, grievance, and challenge against decisions.
2- Judicial Power
The Judicial Power in Egypt is divided into:
1- State Council and Administrative Judiciary:
It consists of a number of courts (Supreme Administrative Court, Administrative Judiciary Court, Administrative Courts, Disciplinary Courts, State Commissioner Authority, and Department of Formal Legal Opinion and Department of Legislation). Individuals may appeal to it against any positive or negative decision of the executive power through petitioning for abolishing administrative decisions and getting compensations.
2- Ordinary Judiciary and Public Prosecution:
It consists of several courts, on top of which are Court of Cassation, Courts of Appeal, criminal courts and Courts of First Instance. Public Prosecution has jurisdiction to receive and invest reportings of crimes, execute court rulings, supervise prisons, and represent the accusing party being a litigant in the criminal action on behalf of the society.
Public Prosecution comprises Bureau of International Cooperation, execution of court rulings department and prisoner solicitude office; which is affiliated to the attorney general. It has jurisdiction over all issues of human rights; including torture committed during investigation, inside prisons or against convicts to execute penalties restraining liberty. It is also competent to execute decisions of Mental Illnesses Supervision Council.
Second: Role of Professional Associations in Protecting Human Rights
Bar Association, Association of Journalists, and Medical Syndicate are of the professional associations that play an important role in protecting human rights. They organize and determine the rights and duties of their members, and explain how they can get and protect their rights, and how they can interact with all members of society.
Third: Press
The press is an independent public authority that plays its role in serving the society, expressing the public opinion, contributing to forming and directing such opinion and maintaining freedoms, public rights and duties without prejudice to the citizens' private life.
Fourth: National Councils for Women, Motherhood and Childhood
They aim at maintaining the rights of women and children, protecting these rights and ensuring non-infringement of them.
A detailed statement of their missions is included in the chapters concerning women and child rights.
Fifth: Mental Illness Supervision Council
This Council was established by virtue of Law No. 141 of 1944. It protects the rights of the mentally or psychologically ill people. It also explains the procedures of admittance into and discharge out of mental and psychological sanitariums.
Sixth: Egyptian Organizations of Human Rights
Human rights organizations proceed to define, advocate and protect human rights. A detailed statement of the number and activities of these organizations is included in the chapter concerning civil society organizations.
Seventh: Role of the Ministry of Foreign Affairs in the World Human Rights System
Ministry of Foreign Affairs represents Egypt in the UN organs concerned with human rights. It participates in drafting and approving resolutions and pacts relating to human rights.
It also studies, analyzes and responds to the annual reports issued by the committed organizations and committees as well as the governmental and international authorities in Egypt concerned with human rights. Besides, it follows up with the activities of the private, national and international associations working in human rights field, holds dialogue with them and refers their complaints to the authorities concerned.
The Ministry has concluded an agreement with the UNDP and the UN High Commissariat for Human Rights so as to increase the public prosecution members' and policemen's institutional and cognitive capabilities concerning human rights.
Eighth: Role of the Ministry of Interior Affairs in Protecting Human Rights
The Ministry qualifies different levels and cadres of policemen for paying due attention to human rights. Legal curricula of the Police Academy and the Higher Studies College comprise several courses on human rights. Moreover, training and development programmes for leading, supervision and executive cadres comprise many studies on human rights.
The Higher Committee for Human Rights has been constituted in the Ministry of Interior so as to draw and propose the Ministry's plan in protecting human rights, maintaining the individuals' basic freedoms, and determining the most important means to achieve them.
The keenness of the Ministry of Interior on paying due attention to human rights is represented in developing prison buildings, providing care for the convicts in all aspects of their lives as well as habilitating them in a way that enables them to positively interact in the society after their release.
The Ministry also takes part in the efforts exerted by UN and its affiliated institutions. A specialized secretary for international cooperation and for drafting bilateral and international cooperation protocols has been established so as to deepen cooperation in protecting the human person and his basic freedoms.
National Council for Human Rights
Since ancient times, the Egyptian civilization has shown due respect for human rights. Then, Islam and Christianity have merged to create a unique form of national unity, fraternity, intimacy, mercy, and equality in rights and duties among all the Egyptian people.
Egypt has shared with the international community in the efforts exerted for protecting and enhancing human rights. It has also signed several international and regional conventions and agreements with the countries advocating human rights.
On the national track, a number of important legislations and measures that enhance human rights have been taken. These legislations and measures resulted in the presidential decree for establishing the National Council for Human Rights.
Salient of these legislations and measures are:
* The Minister of Interior's decree on establishing the Higher Committee for Human Rights in the Ministry, so as to apply the means that guarantee maintaining the human rights of prisoners and convicts to retain their dignity and to rebuild their characters via solicitude and habilitation programmes, as well as organizing training courses on human rights for policemen.
* Concerning the right to peaceful gathering and establishing associations, the government has allowed the organization of a number of demonstrations.
* The government has realized several achievements in modernizing the regulations and procedures related to providing basic services for the citizen, modernizing service quality and efficiency, and using state-of-the-art technology to provide services in the cheapest and most efficient way.
* The establishment of the National Council for Women to enhance women's rights, prevent discrimination against them and socially, economically and politically enable them in order to boost their participation in the development process.
* The establishment of the National Council for Motherhood and Childhood in 1988, Family Court, Family Insurance Fund, the equal rights of the Egyptian father and mother in granting their nationality to their children. Law No. 12 of 1996 has paid due attention to handicapped children.
The establishment of the Supreme Constitutional Court in 1979.
* The Minister of Justice decree of 2002 stipulating the establishment of the General Administration for Human Rights, which is competent to participate in preparing the legal aspects related to Egypt's international reports to the UN committees and regional committees for human rights, representing the Ministry in international, regional and national conferences and committees concerned with Human Rights, preparing a database of all international and regional pacts and resolutions and the Egyptian laws and resolutions related to Human Rights, carrying out studies and researches related to the extent of agreement of the national legislations and laws with international pacts and resolutions on human rights.
* The issuance of several laws that tend to provide complete justice for citizens, such as restricting the competence of the State Security courts to dangerous crimes related to terrorism and state security and excluding felonies and other crimes.
* Annulling all military orders directed by the military governor during the time of emergency law, and restricting the application of emergency law to terrorism and drug cases.
* The government's proposal to abolish the penal servitude, as being the most painful physical penalty, to be substituted by life imprisonment.
* The People's Assembly has approved Law No. 84 of 2002, which facilitates the establishment of private associations and institutions as well as their participation in development.
* The National Council for Human Rights has been established by virtue of Law No. 94 of 2003. It is affiliated to Shura Council. It aims at enhancing and protecting human rights, as well as deepening their values, spreading their awareness and contributing to guarantee their freedom.
The Council is Competent to:
1- Draw a national action plan for enhancing and developing the protection of the human person in Egypt, propose means for realizing such a plan, and follow up with applying international treaties and agreements related to human rights.
2- Introduce proposals and recommendations to the authorities concerned with all what may protect, support and develop human rights, and give opinion, proposals and recommendations for what may be introduced to the authorities concerned with protecting and enhancing human rights.
3- Receive and examine complaints in the field of protecting human rights and refer them to the bodies concerned.
4- Cooperate with international and national organizations and bodies concerned with human rights in order to realize the Council's objectives.
5- Share with the Egyptian delegations in the meetings of the regional and international organizations concerned with human rights.
6- Give opinion on developing reports that will be submitted to human rights committees.
7- Proceed to spread the human rights culture, increase the citizens' awareness of it, and organize conferences and seminars on the topics related to human rights.
The National Council for Human Rights has, in its first report, included a number of positive results regarding the human rights violation complaints it received, salient of which are:
* Canceling the whipping penalty, removing the wire barrier separating the prisoner from his visitors and improving the prisoners' living, health and educational status.
* The Attorney General Office in the Ministry of Justice has constituted committees for revising the legislative texts related to preventive detention and travel prevention.
The Council has introduced several recommendations concerning the amendment of a number of texts of the Penal Code and the Law of Criminal Procedures, which, according to the Council, violates individuals' rights, and the basic guarantees approved by the Constitution. It has necessitated that such recommendations shall be applicable in the investigation procedures and criminal trials.
During the presidential and parliamentary elections, the Council, after the issuance of the decree on preventing monitoring by any foreign institution or organization, monitored the elections through two representatives of the Council in each polling station to follow up with the election process with the help of 22 rights organizations and about 250 lawyers.
Besides, the National Council for Human Rights has approved a number of regulations and rules so as to objectively, independently and neutrally follow up with the electoral campaigns without being biased to any candidate, and in cooperation with the civil society organizations to guarantee transparency.
Role of Civil Societies in Protecting and
Consolidating Human Rights
Civil societies, apart from the state institutions, are the effective elements, and they are the influencial public opinion and work, and the complementary partner to the role of the state in reform and development as well.
Global civil society has become a major factor on the international policy arena, which can never be ignored. Although it does not share in decision-making process, still it is influencial in the medium and long run through the universal protest against the states' policies and through solidarity with the peoples whose human rights are violated by the state foreign policy.
International conventions provided for individuals' right to constitute civil society institutions, believing in their influence in consolidating and defending human rights against any violation by national governments or international community.
Article 20 of the Universal Declaration of Human Rights stipulates that
“Every person shall have the right to share in peaceful assemblies and associations, and no one may be compelled to belong to a certain association”.
The first article of the International Covenant on Civil and Political Rights also stipulates that “Every individual shall have the right to freedom of forming associations with others, including the right to form and join unions for the protection of his/her interests”.
In the beginning of the 1990, the UN Development Programme (UNDP) launched the concept of human development, in its famous report, in order to clarify the relationship between the state and civil society, so as to achieve the development goals. In its first report in 1990, UNDP pointed out that it is impossible for the state to relinquish its responsibilities, however it can never be the only party committed to shoulder all duties.
Civil society organizations enjoy the consultative capacity at the UN Economic and Social Council and participate in drawing up the governmental report submitted to the committees concerned with the status of human rights or develop independent reports if the government refuses sharing the civil society in writing such reports.
The scientific and technological revolution paved the way for the speedy communication among the world civil society organizations. Such rather national, regional and world cooperation is represented in several dynamic domains; salient of which are:
* Participation in the international organization activities with the governments, where it has a consultative capacity within the UN framework.
* Holding conferences parallel to the international governmental conferences of the international organizations; such as, The World Social Summit, in Copenhagen (1995), Earth Summit, in Rio de Janerio (1992), UN Conference, in Vienna (1993), Cairo Conference for Population and Development (1994). Women Summit, in Beijing (1995), and UN Conference for Anti- Racism, in Durban, South Africa (2002).
* Rejecting the international policy militarization and expressing solidarity with the victims of the policies of the super powers, particularly when they lead to widespread violation of peoples' and individuals' rights.
The Rise of Civil Societies in Egypt
The formation and spread of the private societies in Egypt began in 1878/79. Their activities focused mainly on establishing schools, hospitals and charities, parallel to the activities of foreign communities, which established schools and hospitals for their subjects and for Egyptians as well.
Articles 55 and 56 of Chapter III of the Egyptian Constitution provide for the right to form societies, unions, trade-unions and syndicates on a democratic basis.
The current stage in Egypt has witnessed a remarkable activity of civil societies and organizations concerned with acknowledging, spreading and advocating the culture of human rights. Such societies, unions, trade-unions and syndicates have become a dynamic element complementary to the role of the state on the political arena in tackling the problems of development, and child and family care; and in offering social aid and care for the people with special needs.
Law No. 84 of 2002 regulating the formation of the private societies replaced Law No. 153 of 1999, for its unconstitutionality as decided by the Supreme Constitutional Court.
The number of the private societies now totals 16,680. They were offered LE 67.8 million in 2003 by the Society Subsidizing Fund of the Ministry of Social Affairs. The number of societies working in the field of human rights and registered in the National Council is 135. The human rights organizations in Egypt are divided into:
- Organizations specialized in the intellectual and research field; academic (such as Human Rights Studies Center at the Faculty of Law, Cairo University), or civil (such as Cairo Center for Human Rights).
- Organizations specialized in the political field (such as the Egyptian Organization for Human Rights).
- Branch offices of international organizations in Egypt, whether specialized in human rights (such as the Arab Organization for Human Rights), organizations concerned with economic and social development (such as Habitat), or cultural and rights institutes or federations (such as The International Federation for Human Rights, and the Cultural Affairs Institute for the Middle East and North Africa, which issues Roa'ia “Vision” Magazine).
Following are names and activities of some societies working in the field of human rights:
The Egyptian Organization for Human Rights
It was established in 1985, and it calls for respecting human rights and freedoms, in accordance with the values and principles of heavenly religions, the Universal Declaration of Human Rights, and other international conventions. It also defends individuals whose rights are violated and offer them legal help.
The Arab Organization for Human Rights
It was established in 1983, and it embarks upon respecting and advocating human and peoples' rights and freedoms in the Arab world in accordance with the concerned international conventions, particularly the International Covenants on the Political and Civil Rights and the International Covenant on the Economic, Social and Cultural Rights.
The Arab Programme for Human Rights Activists
It was established in 1997 and it embarks upon protecting human rights activists against all violations, in cooperation and coordination with the activists themselves to secure mutual protection. In addition, it works in exchanging training expertise and skills of human rights activists.
Cairo Institute for Human Rights Studies
It is a scientific intellectual research body that aims at consolidating human rights in the Arab world, and abiding by all the international conventions, covenants and declarations on human rights. It spreads and propagates for the human rights culture through setting strong intellectual approaches capable of solving the problems facing human rights application.
Human Rights Center for Prisoners' Assistance
It was established in 1997 aiming at providing legal assistance to prisoners, and it calls for improving the conditions of prisons. The Center has become a private society in 2003. It embarks upon elevating the penal systems in Egypt to make them comply with the model rules of treating prisoners. It also monitors the conditions of prisons, and disseminates the acknowledgement of prisoners' rights among citizens, lawyers and all those working in the punitive institutions
Egyptian Child Rights Center
It adopts advocating the Egyptian child, makes statistics on vulnerable children, and studies the causes leading to endangering them. It embarks on standardizing the different concepts of child issues, and cooperates with institutions concerned with child affairs in the world.
Center of Women Issues
It was established in 1995 to offer consolidation and legal assistance to Egyptian women, by applying the legislations related to women in the Egyptian Constitution and laws and the international agreements. It also embarks upon creating an appropriate atmosphere for equal opportunities between the two genders, and providing women with skills and knowledge to empower her to play her social role.
Trade-Unions and Labour Services House
It was established in 1990. It embarks upon reviving the syndicalist thinking, ridding it of bureaucratic concepts, and restoring workers' unions to their democratic course in their works and management of their bodies. It also calls for independency of syndicalist organization from the government, parties and businessmen.
Shumuu Association for Humanitarian Rights
It was established in 2000 aiming at improving the status of the handicapped, by providing them and their families with legal assistance, social services and full protection and care, monitoring all the violations they suffer from at all levels, and putting an end or limit to them.
Democracy Promotion Group
It was established in 1996 aiming at developing democratic ideas, spreading tolerance and acceptance of the other, rejecting unilateral ideas, developing critical thinking, discarding violence, and activating individuals' awareness of the importance of selecting their representatives in the legislative and local councils in addition to monitoring them.
Raya Association for Enlightenment, Information and Promotion of Culture and Dialogue
It was publicized in 2002, and it embarks upon spreading human rights culture and the general principles of child rights, as well as promoting freedom of opinion, respect for the counter-opinion, exchange of dialogue, discarding terrorism and assuring the spirit of tolerance.
The National Association for Promoting Culture
It was publicized in 2003. Its activities focus on spreading human rights culture, dialogue among religions, caring for people with special needs and illiteracy.
Children of Earth Center for Human Rights
It was established in 2004, and it embarks upon promoting the awareness of the international conventions on human rights in the rural area, curbing child labour, combating the violations woman suffer due to gender and social status, and monitoring human rights violations happening in the Egyptian village.
During the Presidential elections, the private societies and organizations, particularly the regional ones, held meetings, seminars, conferences and workshops in public and rural areas, cities and governorates to activate the citizens' political role, and briefing people on the importance of participation to boost democracy and practicing the constitutional right.
Local observers at the organizations sharing in supervising elections, were trained on opening and closing the voting process in polling stations, and on sorting votes correctly and without the secrecy that way impair the fairness and transparency of results.
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