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In order to comply
with its international obligations regarding freedom of association, the
government of Egypt should:
- Amend Law 84/2002 to ensure that all non-profit
groups formed for any legal purpose are allowed to acquire legal
personality by.
o
Making registration and membership of NGOs entirely voluntary;
o
Abolishing penalties for participation in unregistered NGOs; and
o
Removing restrictions on the ability to affiliate with other
NGOs, whether domestic or foreign.
- Remove all restrictions on peaceful activities that amount to the
exercise of internationally-recognized human rights to freedom of
expression, freedom of association, and freedom to participate in public
life by:
o
Amending Article 11 of Law 84/2002 to eliminate its restrictions
on political and trade union activities; and
o
Specifying in the amendments that any language on public order
or morals, which also appears in Egypts Civil Code, should be interpreted in
a narrow and proportionate fashion, in conformity with Article 22 of the
International Covenant on Civil and Political Rights and the jurisprudence of
the U.N. Human Rights Committee.
- Cease security force vetting of NGO registration requests,
founding members, and candidates for board membership. In particular:
o
Remove the governments ability to approve or reject founding
members or board members. Associations should not be required to inform the
administrative authority in advance of board nominees. Amend Article 34
accordingly; and
o
Remove the governments ability to object to organizational
decisions as set out in Article 23.
- Ensure that any involuntary dissolution of an NGO takes place
only by judicial order, and only as a result of the most egregious
violations by amending Article 42 to remove the administrative authoritys
power to dissolve an NGO.
- Permit receipt of donations or transfers from foreign donors, as
long as all foreign exchange and customs laws are satisfied. Amend Article
58 accordingly. In particular:
o
State clearly any restrictions and make all criteria transparent;
and
o
Make clear that the absence of a government response to a request
for approval of foreign funding within sixty days means that approval has been
given.
- Allow NGOs to work in the thematic and geographical areas of
their choosing. Abolish the requirement that NGOs seek permission from the
Ministry of Insurance and Social Affairs (MISA) for working in more than
one field of activity or governorate.
- Review both Law 84/2002 and its executive (implementing)
regulations so as to create a reporting system that is less complex,
intrusive and burdensome, and abolish provisions that inappropriately
prescribe internal governance mechanisms.
In addition, the
government should:
- Remove additional licensing requirements for NGOs to engage in
field research, carry out media activities, and publish publications;
- Ensure that MISA officials are adequately trained and have
sufficient resources to carry out their obligations under the NGO law;
- Ensure that MISA officials enforce a unified set of procedural
requirements for NGO registration and reporting procedures; and
- Establish capitalization requirements for foundations that are
uniform and do not represent an unreasonable or arbitrary barrier to their
establishment.
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