Annual Report of the National Council for Human Rights 2005/2006
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Annual Report of The National Council for Human Rights 2005/2006 Table of Contents Page No. Foreword Chapter one Issues of concern this year First: The Elections 19 Second: The Crisis of the Sudanese Refugees 51 Third: Disabled Persons and Human Rights 69 Fourth: Culture of Human Rights 85 Chapter Two The Situation of Human Rights in Egypt (as 113-203 reflected in the complaints submitted to NCHR during 2005) Chapter Three Legislative Modernization and Human Rights First: New Legislaons Enacted in 2005 210 Second: Proposals of Draft Laws for the 216 Protection and Reinforcement of Human Rights and Freedoms Chapter Four NCHR Activities Page No. First: Seminars 236 Second: Conferences 244 Third: Field Visits 247 Fourth: Workshops 256 Fifth: Hearing Sessions 258 Sixth: Human Rights Saloons 263 Seventh: Cooperation with Civil Society 264 Organizations Eighth : International Activity 271 Annexes Annex I: The Government’s Response to NCHR's 309 Annual Report of 2004/2005 Annex II: Textbooks upon which was based the 354 Paper on Features & Terms of HR Rhetoric in Compulsory Stage Curricula Annex III: Birth Registration Certificate 357 Annex IV: Draft Law for Canceling the 358 Imprisonment Penalty for Opinion and Press Crimes Annex V: New Law for Professional Syndicates 363 Recommendations 366 Page No. Press Releases 371 Cairo Declaration Issued by the Regional 383 Seminar on National HR Institutions in the Arab World (6-8 March 2005) Doha Declaration Issued by the Regional 385 Conference on National HR Institutions in the Arab World (4-6 March 2006) 391 Recommendations of the Conference on Democracy and HR in the Arab World (Cairo 19- 20 December 2005) Cairo Declaration (International Conference on 396 Development and Removal of Mines from North-Western Coast Area Cairo, 27-29 December 2005 MoU Between the NCHR - Egypt and the 398 Norwegian Center for Human Rights - Oslo University Closing Statement Towards Development of 401 Performance and Integrity of the Arab Election Processes List of NCHR Egypt Publications 405 Introduction This second NCHR annual report comes out amid a vibrant global community that is taking a rising interest in HR causes and problems and an Egyptian society that is thirsty for democratic change and elimination of HR abuses. Although the extent and volume of achievements in this regard throughout 2005 remain debatable, yet the democrac wheel of change is unmistakably already in motion. The constuonal amendment of Arcle 76 of the Egypan Constuon was perhaps the most outstanding event taking place during the year. Several candidates had to compete for the presidency by means of direct elections rather than the referendum that did not ensure competition nor the expression of the direct and true will of the people in choosing their president. However, this amendment laid several restrictions, rendering the conditions to be satisfied for candidacy in the presidential elections extremely difficult, especially in light of the frailty of opposition parties in Egypt- both in the past and at present- for various reasons of complex nature. The presidential elections were followed by parliamentary elections, which gave all political parties, political currents and political powers, in addition to independent persons, the opportunity to practise their original and natural rights of nomination. The first phase of the elections was conducted under judicial supervision and in an atmosphere of neutrality. However, there was a relapse of varied degrees in the second and third phases of the elections. Along with the NCHR’s admission of the positive aspects in the electoral process, it nonetheless expressed its concerns regarding the negative aspects. Some of these negative aspects were caused by practices of security forces which led to the shutting down of some election committees and the setting up of cordons around others, thus, preventing voters from entering the premises of such committees and denying them their constitutional right in selecting their representatives. Moreover, there were negative signs revolving around the sorting process and announcement of the outcome of the election as well as the wrongful conduct of the candidates and voters themselves, such as bullying, using violence and bribing voters. The NCHR issued a special report on the parliamentary elections, demonstrating all positive and negative aspects to make the best out of this experience. The NCHR reiterated its wish to establish a permanent independent entity for supervising the elections in all phases, to be composed of independent public figures who are known for their efficacy and integrity, as is the case applied in some regional and international practices. In 2005, HR also acquired new posive dimensions. No longer were HR limited to civil and political fields but also included other basic rights in economic, social and cultural fields. These include the right to equality and equal opportunities in public posts, the right to individual development, healthcare, free speech and expression, as well as the right to political and societal participation based on the principles of transparency, neutrality and supervision, by first overcoming corruption. The NCHR paid special attention as well to including HR in educational syllabi, and how to promote this culture among children and youths, particularly promoting the values of dialogue, tolerance and liberation. The NCHR witnessed- with much optimism- the growing awareness of society regarding the HR values throughout the past two years. It also sensed the importance attached to this issue by the State organs as seen in their responses to the complaints referred to them by the NCHR. The NCHR further commends the Government’s Memorandum issued in response to the NCHR first annual report (1) and the establishment of the HR Committee in the PA. It also praised the issuance of Presidential Decree No. 74 of 2006 issued on 22 February 2006 determining the authorities and tasks of the Minister of State for Legal Affairs . Arcle 5 of the Decree states that the Minister’s tasks shall be to “coordinate between the Government and the NCHR and communicate the Government’s opinion with regard to the contents of the NCHR’s reports, including making both remarks and proposals, in cooperation with competent ministries.” This step indeed highlights the Government’s interest in the NCHR’s activities and in its role to enhance HR in Egypt. With regard to the NCHR’s exercise of its authories as stated in Arcle 3 of Law No. 94 of 2003 on the establishment of the NCHR, and out of its belief that defending the rights and freedoms of individuals is of both national and humanistic importance, even if roles and locations differ, the NCHR is keen on stating the following: First: The NCHR reiterates its previous proposals to end the state of emergency and related exceptional legal provisions jeopardizing or reducing the rights and freedoms of individuals. The NCHR believes that (1) See GoE memorandum in reply to the NCHR first annual report in annexes. maintaining national security and social stability is a national unified goal which rises above any argument. The NCHR sees no contradiction between realizing national security and granting citizens their rights. Along with the NCHR’s reiteration of the importance of the urgent ending of the state of emergency, it insists on resolving the situation of detainees in Egypt. The NCHR believes that any law governing cases of terrorism and organized crime should take into consideration the protection of HR and public freedoms. The NCHR, thus, calls for the drafting of a law to this end to be pursued by the different State sectors, civil society organizations and public opinion. Second: The NCHR also calls for the rapid settlement of the cases of detainees arrested on basis of administrative decisions without abidance by legal procedures and guarantees stated in the Constitution and the law. The NCHR cannot take any action in this regard save for expressing its concern for this growing phenomenon, whether in terms of the number of detainees, the lengthy periods of detention, the common cases of administrative detention, or the non-execution of final court judgments acquitting some detainees. Accordingly, the NCHR calls for activating the provisions and guarantees stated in the Egyptian Constitution and for abidance by the legal obligations arising from Egypt's signing of the International Charter for Civil and Polical Rights as per Arcle 151 of the Egypan Constuon. Third: With a view to realizing the much aspired balance between social security requirements and effective investigations on one hand, and the requirements for maintaining the rights and freedoms of individuals on the other hand, the NCHR also calls for reducing the period of PC and the necessity of stating the reason behind such procedure whenever taken. Moreover, this procedure is to be deemed an exception to the rule, which should not be enforced except in cases of the insufficiency of other procedures, including all forms of judicial supervision. Fourth: On one hand, the NCHR commends the positive steps taken in combating torture by bringing security officers accused of acts of torture to trial before court. The NHCR reiterates the importance of moving in this direction to put an end to torture and assure that the mistreatment of detainees and those arrested are also discontinued. On the other hand, the NCHR is concerned about the revelations made by HR organizations and international reports in this regard. The NCHR calls for combating such practices by changing the behaviour of security officers and changing their concept of security. The NCHR equally calls for amending legislative provisions relating to crimes of torture, so that they would not only apply to the torturing of indicted persons but also to any detainee, regardless of the place of detention, whether they be legal detention premises or places not falling under the supervision of the Prosecution Office, such as buildings, premises, and places of the State Security Services, or camps of the Central Force affiliated to the Ministry of Interior.