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IV. Egypt’s International Legal Obligations

The right to freedom of association, and the associated rights to freedom of expression and assembly, is well established in international law. Egypt has obligations under several international treaties to uphold these rights, including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Social, Economic and Cultural Rights (ICESCR), and the African Charter on Human and People’s Rights (ACHPR).27 Egypt is also a member of the International Labor Organization, and thereby obliged to respect and promote the principles of free association and collective bargaining.

The right to freedom of association may be restricted, but only on certain prescribed grounds and only when particular circumstances apply. According to Article 22 of the International Covenant on Civil and Political Rights:

(1) Everyone shall have the right to freedom of association with others, including to form and join trade unions for the protection of his interest.

(2) No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others...

The restrictions specified in Article 22 (2) should be interpreted narrowly. For example, terms such as “national security” and “public safety” refer to situations involving an immediate and violent threat to the nation. Restrictions can only be imposed if they are prescribed by existing legislation, and meet the standard of being “necessary in a democratic society.” This implies that the limitation must respond to a pressing public need and be oriented along the basic democratic values of pluralism and tolerance. “Necessary” restrictions must also be proportionate: that is, carefully balanced against the specific reason for the restriction being put in place.28 The U.N. Human Rights Committee has repeatedly highlighted the importance of proportionality.29 In applying a limitation, a government should use no more restrictive means than is absolutely required.

Additional protections are contained in Article 8 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which requires states to uphold the right to form trade unions and to join the unions of one’s choice. Egypt’s practice, the law of associations, and the trade union law all contravene the principles of the ICESCR.30 They also violate the principles of the African Charter on Human and People’s Rights, which guarantees the right to free expression in Article 9 (2), and freedom of association in Article 11.

The international covenants employ similar language to describe the rights of free expression and assembly. Article 19(3) of the ICCPR, for instance, states that the exercise of the right to freedom of expression

carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) for respect of the rights or reputations of others; (b) for the protection of national security or of public order (ordre public), or of public health or morals.

The lawfulness of government restrictions on the possession and distribution of pamphlets as well as other restrictions on the dissemination of information by NGOs and their members are subject to the same considerations of proportionality and necessity. Thus procurement and dissemination of military secrets may be prohibited, but restrictions on freedom of expression to protect national security “are permissible only in serious cases of political or military threat to the entire nation.”31 Since restrictions based on protection of public order have the potential to undermine completely freedom of expression, “particularly strict requirements must be placed on the necessity (proportionality) of a given statutory restriction.”32

Article 21 of the ICCPR recognizes “the right of peaceful assembly,” and states:

No restrictions shall be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interest of national security or public safety, public order (ordre public), the protection of public health and morals or the protection of the rights and freedoms of others.

Prohibitions or restrictions on freedom of assembly based on national security “are permissible only in serious cases of political or military threat to the entire nation.” Prohibitions or restrictions on public order grounds “must…always remain the exception… The discourse of conflicting ideas is an essential feature of democracy.”33

The different U.N. committees responsible for monitoring Egypt’s compliance with its treaty obligations have several times highlighted the government’s need to ease restrictions on civil society, as has the ILO.34 In its November 2002 examination of Egypt’s ICCPR implementation, the U.N. Human Rights Committee stated:

The Committee is concerned at the restrictions placed by Egyptian legislation and practice on the foundation of nongovernmental organizations and the activities of such organizations such as efforts to secure foreign funding, which require prior approval from the authorities on pain of criminal penalties (art. 22 of the Covenant).

The State party should review its legislation and practice in order to enable nongovernmental organizations to undertake their attributions without obstacles which are inconsistent with provisions of article 22 of the Covenant, such as prior approval, control of funding and administrative dissolution.35

On December 9, 1998, the U.N. General Assembly adopted the “Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms” – commonly referred to as the Declaration on Human Rights Defenders. Article 5 of the declaration states that all people have the right to assemble peacefully, to form, join or participate in NGOs, to communicate with NGOs. Article 6 states all individuals have the right to know, seek, or obtain information about all human rights and fundamental freedoms, as well as the right to freely publish, discuss or otherwise impart such information, knowledge, and views. The Ministerial Conference on Human Rights held by the Organization of African Unity in Mauritius in April 1999 urged African governments to take appropriate steps to implement the Declaration.

The Special Representative of the Secretary General on Human Rights Defenders requested an invitation to visit Egypt in July 2002, and renewed the request in 2004. The request was still outstanding as of May 17, 2005.36



[27] Egypt ratified the ICCPR and ICESCR on January 14, 1982, and the ACHPR on March 20, 1984.

[28] Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (Kehl am Rein: N.P. Engel, 1993), pp. 386-387.

[29] The U.N. Human Rights Committee, see for example Vladimir Petrovich Laptesevich v. Belarus. Communication 780/1997 of the Human Rights Committee. See also Richard Fries, “The Legal Environment of Civil Society,” The Global Civil Society Yearbook 2003, Chapter 9, Center for the Study of Global Governance, London School of Economics, 2003.

[30] See note 17 above.

[31] Nowak, op. cit., p. 355.

[32] Ibid. p. 357.

[33] Ibid. pp. 380 -81.

[34] See CEACR: Individual Observation concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 Egypt.

[35] Concluding Observations of the U.N. Human Rights Committee, Egypt, U.N. Doc. CCPR/CO/76/EGY (2002), para. 21. The U.N. Human Rights Committee made similar comments in 1993 after its preceding examination of Egypt’s progress. In its concluding observations on Egypt’s first periodic report, the U.N. Committee for Economic, Social and Cultural Rights stated “[t]he Committee is deeply concerned that law 153 of 1999 (Law on Civil Associations and Institutions, popularly called the "NGO Law") does not conform to article 8 of the Covenant and contradicts article 55 of the 1971 Egyptian Constitution affirming the right of citizens to form associations, and gives the Government control over the right of NGOs to manage their own activities, including seeking external funding.” Conclusions and Recommendations of the Committee on Economic, Social and Cultural Rights, Egypt, U.N. Doc. E/C.12/1/Add.44 (2000), available online at http://www1.umn.edu/humanrts/esc/egypt2000.html. Accessed December 4, 2004.

[36] E-mail response to Human Rights Watch from Chloe M. Baszanger, desk officer for the Special Representative of the Secretary General on Human Rights Defenders, Office of the U.N. High Commissioner for Human Rights, May 17, 2005.


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