UN Experts Warn Against Egypt’s Suppression of Civil Society

UN Special Rapporteur Maina KiaiCredit: Guyinnairobi photos via Wikimedia Commons — UN Special Rapporteur Maina Kiai
Credit: Guyinnairobi photos via Wikimedia Commons

United Nations human rights experts have recently denounced the suppression of the work of human rights defenders and civil society organizations in Egypt through the use of travel bans and restrictions on foreign funding for non-governmental organizations. In the last year, UN experts warn, Egypt has prevented human rights defenders from leaving the country and drafted a bill to limit civil society organizations’ ability to operate independently. [OHCHR Press Release: Defenders; OHCHR Press Release: Association]

The bill, which was approved by the State Council on November 28, is expected to arrive soon on the desk of Egyptian President Abdel Fattah al-Sisi, who will decide whether or not to sign it into law. The bill requires that an organization apply for permission to receive foreign funding; keep all work aligned with “the state’s plan, development needs and priorities;” and refrain from certain conduct, such as work “of a political nature.” [Human Rights Watch: Bill] The Special Rapporteurs on the situation of human rights defenders and on the rights to freedom of peaceful assembly and association have condemned Egypt’s recent actions, stating that the country is likely in violation of its international human rights obligations under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights. [OHCHR Press Release: Defenders; OHCHR Press Release: Association]

The Situation of Human Rights Defenders in Egypt

The United Nations Special Rapporteur on the situation of human rights defenders, Michel Forst, recently condemned Egypt’s increased subjection of human rights defenders to suppression measures since the nation’s 2011 revolution. [OHCHR Press Release: Defenders] Authorities have been targeting and investigating those who are critical of the Egyptian government, using a variety of methods to inhibit their work, with a possible view to criminal prosecution. [OHCHR Press Release: Defenders; Human Rights Watch: Bill] In recent months, as part of this crackdown, several human rights defenders have had their assets frozen and many have been prohibited from leaving Egypt, including 15 cases of travel bans referred to Forst in 2016 alone.

Forst has criticized Egypt’s use of travel bans as imposing an unwarranted “chilling effect” on the “legitimate work” of human rights defenders. [OHCHR Press Release: Defenders] Forst finds it alarming that travel bans, coupled with additional restrictions on defenders’ rights to free speech and association, “have become politically motivated means to stifle civil society . . . [and] choke legitimate and democratic debate, both within and outside Egypt.” [OHCHR Press Release: Defenders]

Forst has urged the Egyptian government to cease these practices in order to avoid running afoul of international human rights standards and to instead move toward the empowerment, rather than destruction, of civil society. [OHCHR Press Release: Defenders]

The Bill

The current bill echoes a similar one from 2014, which was tabled after receiving a slew of criticism; the current bill, according to human rights organizations, nevertheless reflects comparable aims to suppress civil society, in fact offering an even greater range of penalties for violations. [Human Rights Watch: Bill] The bill proposes criminalizing activities such as conducting public surveys, conducting field research without approval from the government, and performing any work “of a political nature” or that damages “national security, national unity, public order or public morals.” [Human Rights Watch: Bill] Civil society has noted that drafters neglected to define these and other key terms, leaving ample room for authorities to exercise a broad range of discretion in interpreting them. [Human Rights Watch: Bill]

The bill also contains a provision prohibiting non-governmental groups from working in “border areas” without first securing permission from the government, which, Human Rights Watch noted, would greatly impede their ability to monitor compliance with international law, particularly in areas of turmoil such as the Sinai Peninsula and the Sudanese border. [Human Rights Watch: Bill]

Non-governmental organizations’ receipt of foreign funds has been a point of contention and the subject of investigation for years. [Human Rights Watch: Assets] Under the proposed law, groups would be required to apply for permission to receive such funding, and silence from the relevant agency after 60 days is a rejection under the new law. [Human Rights Watch: Bill] In addition, organizations’ finances, including their spending activities, would be subject to the monitoring and involvement of Egypt’s banking authority. [Human Rights Watch: Bill]

Organizations can be disbanded pursuant to a court order if found to be in violation of any of the grounds for dissolution enumerated in the bill. Such grounds include the mere collaboration with foreign organizations without government permission and accepting foreign funding without the requisite approval. [OHCHR Press Release: Association] Individuals found to be in violation could be subject to criminal penalties, including up to five years in prison and a fine of approximately 56,000 USD. [Human Rights Watch: Bill]

Response of UN Special Rapporteur Maina Kiai

United Nations Special Rapporteur on the rights to freedom of peaceful assembly and association, Maina Kiai, has denounced the proposed law as an illegitimate interference with civil society’s rights of association. Kiai has expressed deep concern with the amount of power the government would hold in determining who can found an organization and for what purpose. [OHCHR Press Release: Association]

Taken together, every limitation, requirement, and prerequisite to a group’s existence and operation would, according to Kiai, essentially merge civil society with the government, depriving the former of its independence – one of its “most valuable aspects.” [OHCHR Press Release: Association]

Kiai, citing the tumultuous social and political climates of other African nations, has urged the Egyptian government to reject the bill and instead seek “a stable and prosperous future built on inclusion, engagement and participation.” [OHCHR Press Release: Association]

Egypt’s Human Rights Obligations

As a State party to both the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (“Banjul Charter”), Egypt is required to protect the rights to freedom of association, assembly, and expression.

Pursuant to articles 19, 21, and 22 of the ICCPR, which guarantee the rights to freedom of expression, assembly, and association, respectively, Egypt may only restrict those rights with methods that are “prescribed by law” and “necessary in a democratic society” to serve one of a few specified public interests. Moreover, measures undertaken must be proportionate to the goal sought.

Under articles 9, 10, and 11 of the Banjul Charter, which guarantee the rights to freedom of expression, association, and assembly, respectively, Egypt must respect those rights. Under Article 11 on the right to freedom of assembly, Egypt may limit that right only by means that are “provided for by law” and that serve the interests of “national security, the safety, health, ethics and rights and freedoms of others.”