Proposed New Law on Associations
Would Further
Stifle Civil Society in Egypt
New York - A proposed new law on associations, which passed the Upper
House of the Egyptian parliament on May 25, 2002, would, if enacted,
deal yet another blow to Egypt's already beleaguered independent non-governmental
organizations.
"The law's intent appears to be to further erode
the independence of Egypt's non-governmental organizations by keeping
them under direct control of the government," said Neil Hicks,
director of Human Rights First Special Initiative on the Middle
East. "Every state has a legitimate interest in regulating
the organizations that operate within its borders, but this law
is actually more about domination than it is about legitimate regulation."
"The proposed law is a particular threat to advocacy
groups, like human rights organizations, which expose official violations
of human rights and hold the government accountable to domestic
and international law," continued Hicks. "This function
is essential to democracy and sound governance, no matter how unpopular
it may be to some government officials."
The text of this proposed law is strikingly similar
to Law 153 of 1999, a previous attempt by the government to restrict
private associations, that drew local and international criticism.
That law was struck down by Egypt's High Constitutional Court in
June 2000.
Major problems with the new draft law lie in three
areas:
- They entrench a policy of state domination over
the non-governmental sector. The most egregious element in
the new draft law is the power vested in the Ministry of Social
Affairs, an administrative authority, to dissolve an association
and seize its assets without the right of the association to appeal
to a judicial authority. In this important respect, the proposed
new law is even worse than Law 153 of 1999.
- The use of overly broad language. Proposed
language in the bill could be used to prosecute NGOs that engage
in a wide range of activities. Under the bill's language virtually
any criticism of a government activity or government official
could be construed as "political" and be deemed illegal.
- Severe criminal penalties for activists.
Leaders, members and employees of NGOs not registered under the
new law could face fines of 2,000 to 10,000 Egyptian Pounds (approximately
$400 to $2,000), and imprisonment for between six months and one
year. This includes most of Egypt's human rights groups.
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