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2007 Assessment

Egypt: Integrity Indicators Scorecard

Egypt: Integrity Scorecard Report > Sub-Category: Civil Society Organizations
Indicators		Score
1	Are anti-corruption/good governance CSOs legally protected?	100
2	Are good governance/anti-corruption CSOs able to operate freely?	25
3	Are civil society activists safe when working on corruption issues?	33
4	Can citizens organize into trade unions?	75

Indicator and sub-Indicator Details

Are anti-corruption/good governance CSOs legally protected?

1a: In law, citizens have a right to form civil society organizations (CSOs) focused on anti-corruption or good governance.

Score:

YES

Comments: The Egyptian law guarantees the freedom to form CSOs and gives them the right to oppose corruption and to support good governance. It prohibits the establishment of CSOs whose activities are secret, violent, military or hostile to society.

References: Law no. 84/2002 concerning NGOs, article 11 The Egyptian Constitution, article 55.

1b: In law, anti-corruption/good governance CSOs are free to accept funding from any foreign or domestic sources.

Score:

YES

Comments: The Egyptian law guarantees the freedom of CSOs to raise and accept funds and donations from both local and foreign sources on condition that they obtain the approval of the executive agency Ministry of Social Solidarity- in accordance with the bylaw of the NGOs law no. 84 issued in 2002. However, CSOs are not allowed to get money from local or foreign sources unless they get a permission from the Ministry of Social Solidarity. Books, newsletters and specialist journals are exempted from getting this permission.

References: Law no. 84/2002 concerning NGOs

Peer Review Comments: Executive regulations of law no. 84 of the year 2002 obliges the managing authority affiliated to the Ministry of Social Solidarity to reply to requests to receive local and foreign funds within 60 days, either with approval or denial. If requests receive no reply within that time, the decision is considered to be an approval and the organization can receive the funds.

1c: In law, anti-corruption/good governance CSOs are required to disclose their sources of funding.

Score:

YES

Comments: CSOs have the right to raise and accept funds and donations both from local and foreign agencies that are authorized to work in Egypt. Contracts between COSs and donors are organized by articles 1, 2 and 3 of the bylaw of the law no. 84/2002. The bylaw makes it obligatory for CSOs to notify the executive agency the Ministry of Social Solidarity about the amount of the grant and donor details.

References: Article 56 of the bylaw of the NGOs Law no. 84/2002

Are good governance/anti-corruption CSOs able to operate freely?

2a: In practice, the government does not create barriers to the organization of new anti-corruption/good governance CSOs.

Score:

100

Comments: Despite the fact that the executive agency the Ministry of Social Solidarity creates no legal barriers to the organization of new anti-corruption/good governance CSOs, the government intervenes to shut down CSOs that work for disclosing corruption issues. For example, the executive agency suspended the activities of the Egyptian Transparency organization, which urged its chairman, Dr. Hassan Isa, to start a lawsuit against the executive agency. In a similar situation, the chairman of the Association for Combating Corruption and Over-Taxation litigated against the Ministry of Social Solidarity for closing the organization.

References: An interview with Dr. Hassan Isa, in the driving force for political reform in Egypt, a symposium held in the Pyarmiza hotel, Cairo, on Nov. 29-30, 2005;

An interview with Mr. Mohammad Al-Ashkar in the headquarters of the Association for Combating Corruption and Over-Taxation Feb. 11, 2007.

2b: In practice, anti-corruption/good governance CSOs actively engage in the political and policymaking process.

Score:

100

Comments: CSOs are actively engaged in the political and policymaking process in several ways: carrying out political reform projects, monitoring the state of human rights, promoting democratic transition, acquainting the citizens with their rights and reinforcing political participation. Prior to the 2005 parliamentary elections, a judgment was passed by the administrative judiciary court in its session on Nov. 6, 2005, that gives CSOs the right to monitor the proceedings of the general elections. CSOs are still gaining new lands in the area of influencing the political and policymaking process.

References: Akram Habeeb, The Role of CSOc in Promoting Democracy, in the meeting of the Egyptian organization for human rights about civil society July, 2002.

Peer Review Comments: Despite the effective role played by civil society organizations in spreading awareness, publishing principles of political participation, and participating in decision-making, the response of the ruling regime is very weak

Peer Review Comments: Yes, they are engaged and active, but definitely not influential enough. They are many legal and practical obstacles against making that possible.

2c: In practice, no anti-corruption/good governance CSOs have been shut down by the government for their work on corruption-related issues during the study period.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned is there were no CSOs shut down by the government or forced to cease operations because of their work on corruption-related issues during the study period. NO: A NO score is earned if any CSO has been effectively shut down by the government or forced to cease operations because of its work on corruption-related issues during the study period. The causal relationship between the cessation of operations and the CSO\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the CSO was forced to cease operations due to its work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: In practice, the government shut down Ahalina (our people) organization that worked in Shoubra Al-Khima district with a decision by the governor of Kalyoubiya only because it published some executive transgressions in the newsletter of the organization in the beginning of 2007 (a meeting with Iman Oaf, the executive director of Ahalina organization in Shoubra Al-Khima district, on Dec. 24, 2006). The government shut down the syndicate services house in Nagi Hammady, Upper Egypt, on March 29, 2007. Then it shut down its branch in Mahala Al-Kabera on April 3, 2007, and then the central office in Hewan. In response, the syndicate services house resorted to judiciary to abolish the shut down decrees (CSOs' campaign for the right to assemble, the Arab network for human rights information).

References: An interview with Mr. Mohammad Al-Ashkar in the headquarters of the Association for Combating Corruption and Over-Taxation Feb. 11, 2007.

Nahdit Masr newspaper, Civil Society and Corruption- The Politics of Glance Lowering. Jan. 26-27, 2006, weekly issue

Peer Review Comments: Last September, the government closed the lawful helping association because it fights torture in police stations and in prisons

Are civil society activists safe when working on corruption issues?

3a: In practice, in the past year, no civil society activists working on corruption issues have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSO activists imprisoned because of their work covering corruption. YES is a positive score. NO: A NO score is earned if any activist was jailed in relation to work covering corruption. The causal relationship between the official charges and the person\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the person was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: Last year, Howaida Adli from the Jazeera sattelite channel was put in prison while she was investigated for video tapes containing clips showing Egyptian citizens being brutally tortured in police stations. She was brought to the Supreme State Security Court only for disclosing the inhuman treatment by the security forces that Egyptians find in all places. Mohammad Kattary was also prosecuted for publishing a book entitled "The Forgery of State Security." Four editors in chief of independent newspapers were brought before the court accused of insulting and defaming the leaders of the NDP ruling party. Shahenda Mikled was prosecuted because of publishing a book entitled "In Defense of Farmers". 45 members of the Muslim Brothers group were arbitrarily arrested and presented to miliary courts in jail.

References: The Arab Nework of Human Rights Information, Internet Is a Hard-Minded Opponent To The Egyptian Government, P. 13;

Hesham Mubarak Center for Legal Assistance, press release, Sept. 19, 2007

Peer Review Comments: Members of Middle East Christians Association (MECA) Adel Fawzy and Peter Ezzat were detained for three successive months without being judged and were accused of preaching Christianity and despising Islam. They were set free on November 4, 2007.

3b: In practice, in the past year, no civil society activists working on corruption issues have been physically harmed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists covering corruption being assaulted in the specific study period. A YES score can be earned if there was an attack but it was clearly unrelated to the activist\'s work. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period of assault to an activist who covers corruption. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: Several civil society activists have been physically harmed over the past year. 180 students in Azhar University were hurt and arbitrarily arrested when they protested against a provision preventing their colleagues to vote in the student council. Because of the intervention in the elecion process, these studens formed an alternative sudent council but police forces arrested them in a voilent way and hurt many of them. 33 members of "That is Enough" [Kifayah] movement were arbitrarily arrested before a demonstration the movement declared it would organize on March 15, 2007.

References: The Arab Nework of Human Rights Information, Internet Is a Hard-Minded Opponent To The Egyptian Government, P. 13

3c: In practice, in the past year, no civil society activists working on corruption issues have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists being killed because of their work covering corruption in the specific study period. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period where a person was killed related to a corruption trial, scandal or investigation. The relationship between a mysterious death and an individual\'s history may not be clear, however the burden of proof here is low. If it is reasonable that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: In practice, no civil society activists working on corruption issues have been killed in the past year.

References: The archive of the state-owned, opposition and independent papers.

Can citizens organize into trade unions?

4a: In law, citizens have a right to organize into trade unions.

Score:

YES

Comments: The law gives citizens the right to organize into trade unions. Law no. 189/1951, amended bn law no. 6/2002 and its bylaw allow establishing trade chambers and trade unions and organizing their work. That law makes the membership of trade chambers and trade unions obligatory for trade workers, gives the executive agency the Supply Ministry the authority to appoint half of their board of governors and gives the minister of Supply the authority to disperse their board of governors and appoint half of the board of governors of the general union of trade chambers. Article 56 of the Egyptian Constitution permits establishing syndicates and unions on a democratic basis.

References: Law no. 6 /2002 for organizing trade chambers The Egyptian Constitution, article 56.

4b: In practice, citizens are able to organize into trade unions.

Score:

100

Comments: In practice, citizens cannot organize themselves into trade unions or syndicates. One of the demands of workers in the 2006-2011 election period was to give this right to all workers. In Egypt there are 19.3 million workers, and only 4.1 million of them are members in syndicate organizations. The forgery of 2006-2011 elections made syndicate organizations part of the government system. This same situation also applies to professional syndicates, most of which were frozen by law no. 100/1993 that was amended by law no. 5/1995. Overall, members in labor and professional associations are just a small portion of the paid workers, as the majority of workers lack any form of syndicate association.

References: Hesham Moubarak Transformations of the Egyptian Working Class in Market Economy and Privatization, Center for Law Services, The Worker Series, vol. 2, PP. 102-103.