ARAB REPUBLIC OF

Capital: Cairo Area: 1 002 000 sq. km Population: 75 million (2006) Head of State: (since 14 October 1981) Head of Government: (since 12 July 2004) Unemployment: 10 % (2005) Annual growth: 4.5 % (2005) Per capita GDP: US$ 1 260 (2005)

Institutional situation

Constitutional multiparty system • The 1971 Constitution guarantees a multiparty system, although religious parties are banned.

Strong presidential regime • Egypt’s political regime is characterised by a strong presidency and a centralised administration. The President appoints members of the government and the 26 governors and may dismiss them at his discretion. • The President is elected for a renewable six-year term of office. The electoral system was modified by a referendum in May 2005, which amended Article 76 of the Constitution. In future – and this is a major change – elections will be by direct universal suffrage, with several candidates. However, the candidates must be endorsed by the People’s Assembly, which is traditionally dominated by the presidential party. The first election under the new arrangements was held in September 2005.

Bicameral Parliament • The lower house of the Parliament, the People’s Assembly (Majlis al-Sha’b) is composed of 454 Members: 444 elected for five years by universal suffrage (next election due in 2010-2011) and 10 appointed by the President. • The Advisory Council (Majlis al-Shura), the upper house, has only limited powers. It is composed of 264 members: two thirds elected and one third appointed by the Head of State. Members sit for six years; half the membership is renewed every three years.

Judicial system conditioned by the state of emergency • The 1971 Constitution guarantees the independence of the judiciary. In practice, the government has extensive influence over judicial decisions, in particular under the 1981 emergency law, which restricts the independence of the judiciary and provides for emergency measures. • Legal system inspired by English Common Law, Islamic law and the Napoleonic Codes. Judicial control of laws by the Supreme Court and administrative acts by the Council of State.

State religion • The Constitution states that Islam is the state religion and the Sharia is the main source of legislation. • 90% of Egyptians are Sunni Muslims. There is also a large Coptic minority (10% of the population according to some sources, 20% according to others). Interfaith tensions occurred between October 2005 and April 2006.

Political context

General political climate • President Mubarak, who has been in power since 1981, has maintained the country’s stability in the face of the economic crisis and has played a moderating role in the Middle East. Unlike his predecessors, he has not appointed a Vice-President. The question of his successor is one of the big issues of domestic politics. • The army still holds extensive political power. CM\618798EN.doc PE 374.396v01-00 EN EN • The country is gradually moving from being an economy controlled by the government to one based on free competition. However, State enterprises are still predominant in all key sectors of the economy. • The National Democratic Party (the presidential party) has taken a reformist attitude over the last two years. However reforms such as reform of the method of election of the President and the establishment of a National Human Rights Council are considered inadequate by the opposition, which is calling for the state of emergency to be lifted and more extensive political reform. • The state of emergency, introduced in 1967, was lifted only between May 1980 and October 1981, following the Camp David Agreements signed between Israel and Egypt, then reintroduced following the assassination of Anwar el Sadat. Its repeal is a major issue in Egyptian politics (see this fact sheet’s human rights section). • After seven years of relative calm the security situation has deteriorated with the attacks in Taba (34 dead, October 2004), Cairo (April 2005), Sharm el-Sheik (88 dead, July 2005) and Dahab (21 dead, April 2006). These attacks show the failure of the security policy that the Mubarak regime has conducted for several decades. • The return of religious fundamentalism in Egyptian society is a cause of concern for those who fear terrorism and the heightened moral rigour that may result. • 2004 and 2005 brought outside pressure (primarily from the USA) and an unprecedented number of internal calls for democracy owing to the development and diversification of opposition movements: the Kifaya (that’s enough) movement, collective demonstrations of solidarity (journalists, NGOs, judges, etc.). • 900 fundamentalist prisoners who have renounced violence were freed in April 2006. They are alleged to be former members of Gammaat al-Islamiya, which terrorised Egypt during the 1980s and 1990s. • The revolt of the judges: two judges (Vice-Presidents of the Court of Cassation) were harassed for having complained of irregularities in three elections in 2005: the constitutional referendum and presidential and parliamentary elections. Mahmoud Mekki was cleared but Hisham Bastawisi was reprimanded by the High Council of the Judiciary, whose members are appointed by the President. Protests against their treatment in May 2006 brought out many more people than in the past. The United States was displeased at the brutal repression of the protests and let it be understood that financial aid to Egypt could be affected (US$ 2 billion for technical and military aid).

Presidential elections • In September 2005 President Mubarak was re-elected for a fifth consecutive term with 88% of the vote in the first pluralist election in Egypt’s history, which had a very low turn-out (23%). • The People’s Assembly authorised 10 candidates. There were numerous practical limitations on the real scope for pluralism in the presidential elections. • , leader of Al Ghad and the main opposition leader, came second with 7.6% of the vote. Noaman Gomaa, leader of New Wafd, got 2.9% of the vote.

Situation of the parliament • In the last parliamentary elections (November – December 2005) the National Democratic Party got a majority with 73% of the seats. The most significant feature was the sizeable break-through of MPs affiliated to the . By obtaining 20% of the seats, they have five times their previous representation in the lower house (88 seats). The traditional opposition parties were wiped out. • In view of the results, in February 2006, the government decided to postpone municipal elections for two years. • The National Democratic Party also emerged largely victorious from the last elections to the Advisory Council in May 2004. • Human rights of parliamentarians: the MP Ayman Nour was arrested on 29 January 2005 and detained for 42 days before being released on bail pending his trial. He was accused of having falsified documents presented to the National Party Commission to obtain authorisation for his Al Ghad party but he and his fellow members have denounced political manoeuvring aimed at eliminating this rival of the ruling party. After the presidential elections he was sentenced to five years in prison in December 2005 (his appeal was rejected in May 2006).

PE 374.396v01-00 2/6 CM\618798EN.doc EN Political parties and opposition • The opposition in Egypt remains dependent on institutional and political engineering designed to keep it as weak as possible vis-à-vis the ruling party on a long-term basis. Moreover, the opposition is relatively divided and has difficulty in organising itself. • The Political Parties Commission, which is responsible for granting or refusing authorisation for the creation of any new party, is a key element in the system controlling the political scene. This committee is affiliated to the Advisory Council and comprises three judges, three ministers (interior, parliamentary affairs and justice) and the Speaker of the Advisory Council. The criteria on which the committee’s decisions are to be based include the ‘novelty’ of the party’s manifesto, a fairly vague and flexible criterion. Parties based on religious ideology are officially banned. • In 2004, the creation of two new political parties – Al Ghad (Tomorrow) and Al Dusturi (The Constitutional) – was approved, while the registration of at least two other groups – Al Wasat (The Centre) and Al Karama (Dignity) was refused. • The Muslim Brotherhood, founded in 1928 by Hassan Al-Banna, which has no legal recognition in Egypt, is the main political opposition movement. • Opposition parties have unequal access to the state media. In debates held during the most recent elections, opposition parties were given only very limited speaking time in the state media, which are basically the country’s only mass media.

Relations between the EU and Egypt

Association agreement: entered into force in 2004, contains a human rights and democracy clause.

Situation in the European initiative on democracy and human rights (EIDHR) – 2005/2006 • Egypt is eligible under the initiative. Macro projects and micro projects relating to campaigns 2 and 3 of the EIDHR, i.e. projects relating to the ‘promotion of a human rights culture’ and the ‘promotion of the democratic process’ may be funded.

EU cooperation with Egypt • Egypt receives EU funds under the MEDA Programme. The National Indicative Programme for 2005/2006 provides for funding of € 243 million, focusing on: support for the Association Agreement in the light of the European Neighbourhood Policy (ENP); support for economic transition, including reform in the areas of water supply and the information society; support for sustainable socio-economic development through support for social reforms and in the field of public health and strengthening good governance, human rights and democratisation. • A national action plan, in connection with the ENP, is currently being negotiated.

Human rights1

Death penalty: still applicable for a considerable number of crimes and carried out International Criminal Court: Rome Statute signed 1996 United Nations Covenant: ratified Women’s Convention: ratified with reservations Visits by UN Special Rapporteurs: one visit carried out; three requests unanswered (independence of judges and lawyers, terrorism and human rights, Egypt); no standing invitation

Extension of the state of emergency: The state of emergency was introduced in 1967. It has continued uninterrupted since October 1981. It permits a ban on demonstrations or assemblies, under cover of maintenance of public order or national security, and the arrest of anyone suspected of representing a threat to public order. Those arrested are often tried in special courts or military courts.

On 30 April 2006, the Egyptian parliament approved extension of the state of emergency for two years. This led to numerous demonstrations that were violently crushed by the Egyptian police. On 15 May 2006 the European Union made a declaration commenting on the decision and pointing out that President Mubarak had made an election promise to lift the state of emergency. In the declaration the

1 For sources see: RWB, AI, HRW, the FIDH, World Organisation Against Torture. CM\618798EN.doc 3/6 PE 374.396v01-00 EN European Union urges the Egyptian authorities to limit the application of the law on the State of Emergency to cases of terrorism and to end the State of Emergency as soon as possible. The European Union calls on the Egyptian government to allow civil society activists and other political forces to express themselves freely, to permit peaceful demonstrations and freedom of assembly and to maintain public order by transparent and proportionate legal procedure. The EU declaration also comments on the events that followed the vote in parliament and describes the police reaction as ‘disproportionate’.

• Human rights violations in the fight against terrorism In the fight against terrorism, numerous human rights violations in Egypt have been condemned. Following the wave of attacks in 2004, the police carried out numerous raids in villages. Estimates of the number of people questioned vary from 800 to 3000. Most of those released in November 2004 said they had been tortured. Most of those still in prison are in secret detention.

• Justice / Unfair trials Numerous civilians are referred to special courts such as state security courts set up under special legislation. Cases concerning national security and acts of ‘terrorism’ are usually judged by military courts. The accused who appear before these courts are deprived of the right to an independent, fair trial and the right of a full re-examination of their case by a higher court.

Police violence The United Nations Human Rights Committee describes the use of torture and degrading and inhumane treatment in Egyptian prisons as systematic. Numerous confessions are obtained under torture. According to the Egyptian Human Rights Organisation, at least 28 people died in 2004 and 2005 as the result of torture. Some alleged torturers have been tried but only under ordinary law cases, not in relation to political issues.

The endemic violence in police interventions has also been condemned. One of the most flagrant examples is the police action on 30 December to remove Sudanese asylum seekers who were demonstrating in front of the UNHCR regional office. The police made a violent charge against the demonstrators. This led to at least 27 demonstrators being killed – many more according to certain sources – and several dozen being injured on both sides. The European Parliament adopted a resolution on 19 January 2005 condemning these events.

The revolt of the judges The Egyptian judges (the Judges Club acts as a union), who have become the spearhead of the pro- democracy movement, have challenged the Egyptian government by requesting an inquiry into abuses during the most recent parliamentary elections and demanding that the independence of the judiciary be guaranteed (see page 2 of this fact sheet).

On 27 April and 11 May 2006 the police brutally repressed a demonstration in support of the judges: members of the public were pursued and beaten, journalists were roughly handled and equipment was confiscated, judges and lawyer were refused access to the disciplinary council, demonstrators were arrested – particularly members of opposition parties, part of the city centre was placed under the control of the riot police, etc.

The Ayman Nour case The sentence handed down to Ayman Nour, leader of the liberal opposition party Al Ghad, amounts to a fully-fledged intimidation strategy against the opposition (see page 2 of this fact sheet). A European Parliament resolution of 6 April 2006 called for his release.

Freedom of association Associations are subject to authorisation. Under the particularly restrictive law on associations of June 2002, several NGOs have been refused legal registration, for example the Egyptian Association Against Torture – EAAT and the Nadeem Centre for the Rehabilitation of Victims of Violence.

Discrimination and violence against minorities There is heavy discrimination against certain groups on the grounds of gender, sexual orientation or religion.

PE 374.396v01-00 4/6 CM\618798EN.doc EN Most recent examples: - Anti-Copt violence2: on 14 April 2006, assailants armed with knives burst into three Coptic churches in Alexandria and attacked the worshippers. One person was killed and some 10 were wounded. The next day there were inter-community clashes at the funeral of the murdered Copt, Noshi Atta Guirguis (aged 78). There was a heavy toll: 22 people were wounded, cars were burnt and the homes of Christians were stoned. The Coptic community angrily rejects the official version which speaks of the act of a someone who was mentally disturbed. There have been several attacks against Copts since the 1970s.

Media and freedom of expression3

Egypt ranks 143rd out of 167 countries In 2004: 128th out of 167; the situation has thus deteriorated. (Reporters without Borders classification)

General situation In June 2004, the Islamic research council al-Azhar, Egypt’s main religious institution, was given vast powers to ban and seize publications considered contrary to Islamic principles. The press code still permits the imprisonment of journalists for violation of press laws (defamation).

• There were numerous attacks on journalists’ rights during the political campaign leading up to the referendum in May 2005. There were very many violent physical attacks and in some cases sexual attacks on journalists by partisans of the party in power, sometimes with police complicity. Numerous journalists were questioned. • Journalists were also harassed during the parliamentary elections in the second half of 2005. More than 50 media professionals were hampered in their work and could not adequately cover the voting. Many were mishandled by the police, MPs or members of the public. • Reform of the press code (removal of penalties in press cases and guarantees of freedom of expression without discrimination on the grounds of language, religion or political opinion), which was promised in February 2004, has still not materialised. On 19 February 2005 President Mubarak again informed Parliament of his intention to combat attacks on press freedom. However, violence against journalists still occurs and they continue to be harassed because of their work. • According to a press release of 13 March 2006, the Egyptian Organisation for Human Rights, a coalition of writers, lecturers, human rights defenders and union leaders, is preparing to launch a national campaign for the abolition of prison sentences for media offences. This campaign will concentrate on pressure on the government to fulfil its promise to depenalise defamation. It will also seek to strengthen constitutional rights to freedom of expression and to abolish the emergency law, which gives the authorities vast powers to close down media on the grounds of national security.

Individual cases – examples • Several women journalists who were subject to sexual and other harassment by National Democratic Party partisans when they were covering the demonstrations on 25 May 2005 have brought complaints. Although proof was given to the authorities, no suspect has been arrested and the judicial authorities have closed the investigation. • At the end of 2005 two people responsible for Internet sites were arrested by the state security services. On 26 October 2005, the young student and web logger Abdolkarim Nabil Seliman, known under the pseudonym of Kareem Amer, was arrested for his anti-government and anti-Islamic views. He was released on 13 November. Ahmed Mahmoud Abdallah (former editor-in-chief of the opposition newspaper Al-Shaab, now suspended), who ran the information site Balady Net, was released on 22 December 2005. He had been arrested by the state security service on 5 December and held without explanation. • Abdel Nasser al-Zouhairy, a journalist with the daily independent newspaper Al-Masri Al Youm was sentenced to a year’s imprisonment on 23 February 2006 on the basis of a defamation suit lodged by the former housing minister, Mohamed Soliman. This sentence prompted an outcry among Egyptian

2 See Courrier International, Contexte: violences anti-coptes, 27 April 2006. 3 For sources see RWB, AI, HRW, FIDH, World Organisation Against Torture, the Egyptian Organisation for Human Rights). CM\618798EN.doc 5/6 PE 374.396v01-00 EN journalists who rallied on 3 March 2006, at the headquarters of the press union to support their colleague and to remind President Mubarak that he had promised to counter press freedom violations.

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