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2007 Assessment

Egypt: Integrity Indicators Scorecard

Egypt: Integrity Scorecard Report > Sub-Category: Voting & Citizen Participation
Indicators		Score
14	Is there a legal framework guaranteeing the right to vote?	100
15	Can all citizens exercise their right to vote?	58
16	Are citizens able to participate equally in the political process?	35

Indicator and sub-Indicator Details

Is there a legal framework guaranteeing the right to vote?

14a: In law, universal and equal adult suffrage is guaranteed to all citizens.

Score:

YES

Comments: Although the constitution gives all citizens equally the right to vote, law no. 73/1956 amended by law no. 76/1976 and law no. 173/2005 exempts some groups from undertaking their political rights. It exempts members of the armed force and the police system so long as they are in service. With the successive amendments of the original law, new groups were deprived of pursuing this right for different periods of time: five years for those whose propriety was put under guardianship by a legal judgment, persons sentenced to prison for crimes mentioned in the land reform laws or supply and quotation laws, unless their honor is given back to them. The amendments also added to the groups deprived of the right to vote the persons who were previously dismissed from public sector or the government for dishonoring crimes, unless five years pass from the dismissal date.

References: The report of the national campaign for monitoring the parliamentary elections 2005, edited by Waheed Abd-Al-Majeed, Human Rights Center for Helping Prisoners, 2006.

14b: In law, there is a legal framework requiring that elections be held at regular intervals.

Score:

YES

Comments: The Egyptian Constitution entails holding the parliamentary elections (the peoples' council) every five years, the elections of Shoura (consultation) council and the presidential elections every six years, Law no. 73/1956 regulates the election processes.

References: The Egyptian Constitution, article 92 concerning the peoples' council. The Egyptian Constitution, article 198 concerning the Shoura (consultation) council. The Egyptian Constitution, article 77 concerning electing the president of the republic. Law no. 73/1956 for undertaking political rights.

Can all citizens exercise their right to vote?

15a: In practice, all adult citizens can vote.

Score:

100

Comments: In law, the first article of law no. 73/1956 defines the age of 18 as the legal age for pursuing one's political rights for both males and females. It makes registering in election tables obligatory for both males and females equally. Article no. 4 of the law states that persons who are eligible to vote, registered in election tables and for whom there are no legal obstacles that prevent them from undertaking their political rights, have the right to run for and vote in elections. But in practice, law no. 73/1956 exempts some groups from undertaking their political rights. It exempts members of the armed force and the police system so long as they are in service. With the successive amendments of the original law, new groups were deprived of pursuing this right for different periods of time: five years for those whose propriety was put under guardianship by a legal judgment, the persons sentenced to prison for crimes mentioned in the land reform laws or the supply and quotation laws, unless their honor is given back to them. The amendments also added to the groups deprived of the right to vote persons who were previously dismissed from the public sector or the government for dishonoring crimes, unless five years pass from the dismissal date.

References: The report of the national campaign for monitoring the parliamentary elections 2005, edited by Waheed Abd-Al-Majeed, Human Rights Center for Helping Prisoners, 2006.;

Law no. 73/1956 for undertaking political rights

15b: In practice, ballots are secret or equivalently protected.

Score:

100

Comments: In practice, the last parliamentary elections witnessed unique events, in which ballots were not secret or protected whether in inside or outside the election centers. Several reports of election monitoring groups by civil society organizations confirmed the prevalence of the collective voting, especially by the supporters of the ruling National Democratic Party, damaging ballot boxes after voting. Election monitoring groups documented several cases in which they caught unmarked ballot cards outside election centers that are to be marked in front of the candidates.

References: Reports of: The Shadow Committee for Monitoring Elections, The Egyptian Independent Committee for Monitoring Elections, The Civil Coalition for Monitoring Elections, The National Campaign for Monitoring Parliamentary Elections 2005.

15c: In practice, elections are held according to a regular schedule.

Score:

100

Comments: In practice, election have regularly been held since 1995. From 1995, parliamentary elections of the Peoples' Council were held every five years as dictated by article 92 of the constitution. In the same period, elections of Shoura (consultation) Council were held every six years as dictated by article 198 of the constitution. What was new was the presidential elections that resulted from modifying article 76 of the constitution to electing the president of the republic by free, direct ballot (before modifying that article, the president of the republic was elected through a popular referendum after he/she gets the approval of two thirds of the members of Peoples' Council). Thus, September 2005 witnessed the first free, direct election of the president of the republic.

References: The Egyptian Constitution, articles: 92, 198, 77.

Peer Review Comments: The local elections scheduled to take place in April 2006 were delayed for two years for no reason by the goverment. The real reason was to stop the Muslim Brothers from gaining more seats in this election as well.

Are citizens able to participate equally in the political process?

16a: In law, all citizens have a right to form political parties.

Score:

YES

Comments: In law, all citizens have the right to form political parties, unless they are stripped of the right to undertake their political rights. Yet, the political parties law no. 40/1977 and its amendments still restrict the forming of political parties. The law gives the authority to allow for the establishing of political parties to the Parties Affairs Committee, which is dominated by the ruling National Democratic Party. The Parties Affairs Committee mainly consists of the ruling party: the minister of interior, the minister of justice, head of Shoura (consultation) Council and public figures nominated by the president of the republic, who is at the same time the head of the ruling party. That committee is presided by the head of Shoura (consultation) Counci,l who is at the same time the general secretary of the ruling party. This confirms the fact that Parties Affairs Committee that has the authority to approve or reject new parties is no more than a branch of the executive authority and the ruling party. Since its establishment by virtue of law no. 40/1977, the committee rejected most demands for forming new parties. Moreover, this committee intervened in the internal affairs of the political parties. In many cases, it issued decrees changing the leaderships of several parties and shutting down party newspapers. Parties Affairs Committee still rejects forming political parties for political powers really existing among people. Many citizens see that the existing parties do not express their interests, and therefore resort to courts to affirm their right to form parties.

References: Dr. Huda Mitix, Governance and Political System Faculty of Economics and Political Sciences, Center for Developing Country's Research, P. 19.

16b: In law, all citizens have a right to run for political office.

Score:

YES

Comments: The law deprived many groups from running for political office and pursuing their political rights, and it extended the cases in which it is allowed to punish people by political isolation or civil death. Law no. 23/1978 for protecting the internal front and social peace defines the people deprived of practicing their political rights as those sentenced for economic and social crimes and those dismissed from the public sector or the government for dishonoring reasons. Moreover, the 2005 law for organizing political parties added to these groups the people who were convicted in crimes related to violating citizens' personal rights, especially their lives. Restricting the ability to establish political parties in the new constitution is another way through which the ruling regime restrains citizens' right to run for political offices. The same way, the new constitution restricted the right to run for presidency to heads of political parties on condition that they obtain the consent of a certain number of the members of the Peoples' Council, the Shoura (consultation) Council, and all local popular councils in the governorates.

References: Articles 171-178 and 309 of the Criminal Law. Articles 2-8 of the decree protecting citizens' security, 1977 Articles 22-26 of law no. 40/1977 concerning political parties. Law for organizing political parties, 2005 Law no. 95/1980;

The Egyptian Organization for Human Rights, The Laws Restricting Civil and Political Parties in the Egyptian Legislation, PP. 208-218.

Peer Review Comments: Before approving the establishment of a new party, the responsible committee demands that the applicants collect one thousand persons from ten different governing areas and demands that the applicants present a distinguished program that differs from those of already existent parties.

16c: In practice, all citizens are able to form political parties.

Score:

100

$Scoring Criteria :: 100 Score Criteria: While there is no guarantee of electoral success, political parties can form freely without opposition. <p>50 Score Criteria: Some barriers to formation are present, such as burdensome registration requirements that may not be fairly applied. Some parties\' political viewpoints may draw pressure from the government, such as surveillance or intimidation. Some political parties or organizations may have extra barriers to getting on a ballot. <p>0 Score Criteria: Some political parties are effectively barred from forming through some manner of official or unofficial pressure. This may include threats, arrest, or violence from competing parties or other groups.$

References: Dr. Huda Mitix, Governance and The Political System Faculty of Economics and Political Sciences, Center for Developing Country's Research, P. 19.

16d: In practice, all citizens can run for political office.

Score:

100

Comments: In practice, not all citizens can run for political offices. In addition to political isolation or civil death mentioned in previous answers, low socio-economic level, high rates of illiteracy and the widespread culture of passivity and non-participation all impede citizens from running for political offices. Restricting the ability to establish political parties is another way through which the ruling regime restrains the citizens' right to run for political offices, as the new constitution restricted the right to run for presidency to heads of political parties on condition that they obtain the consent of a certain number of the members of the Peoples' Council, the Shoura (consultation) Council, and all local popular councils in the governorates. This deprives all people of the right to run for presidency, as well as depriving the political powers of the right to establish their parties. Election forgery for the benefit of the candidates of the ruling party also damages the right of all citizens to run for political parties. Only people accepted by the ruling party have real access to political offices. All freedom-limiting laws, such as the state security law, the national unity law and the emergency law hinder the right and freedom of running for political offices.

References: Dr. Huda Mitix, Governance and The Political System Faculty of Economics and Political Sciences, Center for Developing Country's Research, P. 19.

16e: In practice, an opposition party is represented in the legislature.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The opposition party always has some influence on the proceedings of the legislature. The opposition party can introduce legislation or bring pending matters to a vote without the consent of the ruling party. <p>50 Score Criteria: The opposition party has influence on the proceeding of the legislature, but it is limited in scope. The opposition\'s ability to force votes or publicly debate certain topics may be limited. <p>0 Score Criteria: The opposition party has only token participation in the legislature\'s proceedings and cannot advance legislation or force a debate.$

Comments: In practice, opposition parties are weakly represented in the legislature. In the 2005 legislative elections, for several reasons, opposition parties obtained 10 seats only six for the liberal Al-Wafd party, two for the Tagmoua leftist party, one for the newly established liberal Al-Ghad party and two for the under-establishment Karama party from 454 total seats. The Muslim Brothers group, a legally prohibited group, obtained 88 seats, compared to 17 seats in the 2000 legislative elections. Members of that group in the legislature are considered independent, because the group is not legally recognized. Sometimes, the government overlooks the activities of that group, at other times it pursues its members arresting and sending them to military courts.

References: Samer Solyman, Political Participation in the 2005 Representative Elections: Obstacles and Requirements, The Egyptian Association for Promoting Community Participation, Cairo, 2006.

Peer Review Comments: Most members of parliament ignore the role of opposition parties, and they rarely fulfill their work of monitoring the government.