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2008 Assessment

Egypt: Integrity Indicators Scorecard

Egypt: Integrity Scorecard Report > Sub-Category: Public Access to Information
Indicators		Score
12	Do citizens have a legal right of access to information?	0
13	Is the right of access to information effective?	0

Indicator and sub-Indicator Details

Do citizens have a legal right of access to information?

12a: In law, citizens have a right of access to government information and basic government records.

Score:

YES

Comments: There are several laws that deprive citizens of the right of access to government information and basic government records. For example the law no. 35 issued in 1960 for establishing and organizing the central apparatus for public mobilization and statistics prohibits publishing any piece of information or records related to the government and in case of violating this rule the apparatus brings suit against the persons who committed that crime, and the judgment can reach prison. In addition, the criminal proceedings law no. 150 issued in 1950 and its amendments, law no. 313 issued in 1956 amended by law no. 14 issued in 1967 concerning the armed force, law of the general intelligence no. 100 issued in 1971 amended by law no. 1 issued in 1981, publications law no. 20 issued in 1936 amended by law no. 97 issued in 1992, law no. 121 issued in 1975 concerning documents amended by law no. 125 issued in 1983, and law no. 256 issued 1954 are all laws that restrict citizens' right of access to government information and basic government records.

References: Al-Masri Alyoum (The Egyptian Today) newspaper, March 26, 2008. Nejad Al-Boraiy, Egyptian views regarding corruption, a paper about the report of the transparency organization, center for political research, Cairo university, 2004.

Peer Review Comments: The Egyptian constitution does not have any article that guarantee freedom of access to information. In addition, according to presidential decree no. 2915 of 1964, the Central Agency for Public Mobilization and Statistics (CAPMAS) is the official agency that is authorized to collect and disseminate information about Egypt. According to that decree, any entity that wants to collect data about anything in Egypt has to get a special data collection permit.

12b: In law, citizens have a right of appeal if access to a basic government record is denied.

Score:

YES

Comments: The constitution shields all works and decisions by the administration from judicial censorship. The government abolished litigation and appeal processes that allowed citizens to appeal rulings that denied access to basic government records. Even if some laws allow for appealing decisions that denied access to basic government records, administrative agencies are not effective in ruling against the department that denied access to information.

References: The Egyptian constitution, article 68 Nejad Al-Boraiy, Egyptian views regarding corruption: A paper about the report of the transparency organization, Center for Political Research, Cairo University, 2004.

12c: In law, there is an established institutional mechanism through which citizens can request government records.

Score:

YES

Comments: There is no such institutional mechanism

Is the right of access to information effective?

13a: In practice, citizens receive responses to access to information requests within a reasonable time period.

Score:

100

Comments: In practice, citizens do not receive responses to access to information requests within a reasonable time period.

Citizens have very little access to government information. As an example this, the Egyptians did not know anything about the gaz deal with Israel from the Egyptian government. Even after Israeli newspapers reported on the seal, and the Egyptian public opinion focused on that issue, the Egyptian government had not yet declared anything about the deal. it does not even respond to the severe charges aroused by independent media channels.

References: several media reports Nejad Al-Boraiy, Egyptian views regarding corruption: A paper about the report of the transparency organization, Center for Political Research, Cairo University, 2004.

Peer Review Comments: There are some ministries that permit the release of information to the people, but only after applicants pay the necessary costs. One such ministry is the Central Agency for Public Mobilization and Statistics.

13b: In practice, citizens can use the access to information mechanism at a reasonable cost.

Score:

100

Comments: In practice, citizens can not use the access to information mechanism at a reasonable cost.

References: Alwafd newspaper, Jan. 14, 2007 Nahdit Misr newspaper, Oct. 14, 2006

Peer Review Comments: People can access information and data but only after paying a high fee, or through an annual subscription.

13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period.

Score:

100

Comments: In practice, citizens can not resolve appeals to access to information requests within a reasonable time period.

13d: In practice, citizens can resolve appeals to information requests at a reasonable cost.

Score:

100

Comments: In practice, citizens can not resolve appeals to information requests at a reasonable cost.

References: Alwafd newspaper, June 23, 2008

13e: In practice, the government gives reasons for denying an information request.

Score:

100

Comments: In practice, the government does not give reasons for denying an information request.

References: Alwafd newspaper, June 23, 2008