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Periodic Report (7Th & 8Th) of Egypt PERIODIC REPORT (7TH & 8TH) OF EGYPT PRESENTED TO THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS, FOR THE PERIOD 2001 TO 2004 ******************** The present report emanates from the high commission created within the Directorate General on Human Rights Affairs of the Ministry of Justice, by ministerial decree n°6445 of 2003, during the session held on 28/09/2004. The final version was drafted by a specially established drafting committee of the Directorate General on Human Rights Affairs of the Ministry of Justice. SUMMARY PERIODIC REPORT (7TH & 8TH) OF EGYPT PRESENTED TO THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS TITLE INTRODUCTION PREAMBLE PART ONE CHAPTER ONE: UPDATE OF STATISTICAL INDICATORS IN THE MEMBER STATE CHAPTER TWO: EGYPT’S INVOLVEMENT IN AND CONTRIBUTION TO INTERNATIONAL HUMAN RIGHTS TREATIES CHAPTER THREE: GENERAL LEGAL FRAMEWORK FOR THE PROTECTION OF HUMAN RIGHTS PRINCIPLES AND FUNDAMENTAL FREEDOMS IN EGYPT CHAPTER FOUR: LEGAL SITUATION OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS IN EGYPT CHAPTER FIVE: RECENT NATIONAL LEGISLATION ON THE EFFECTIVE IMPLEMENTATION OF INTERNATIONAL TREATIES AND THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS 1- LAWS 2- DECREES OF THE REPUBLIC CHAPTER SIX: DOMESTIC REMEDIES TO ENSURE THE EFFECTIVE IMPLEMENTATION OF HUMAN RIGHTS PRINCIPLES, AND NATIONAL SUPPORT MECHANISMS 1- THE SUPERIOR CONSTITUTIONAL COURT 2- NATIONAL MECHANISMS FOR ENSURING THE EFFECTIVE IMPLEMENTATION OF HUMAN RIGHTS AGREEMENTS A- THE NATIONAL HUMAN RIGHTS COUNCIL B- THE NATIONAL COUNCIL ON WOMEN C- THE NATIONAL COUNCIL ON CHILDHOOD AND MOTHERHOOD 2 D- THE DIRECTORATE GENERAL ON HUMAN RIGHTS AFFAIRS OF THE MINISTRY OF JUSTICE E- THE HIGH COMMISSION ON HUMAN RIGHTS OF THE MINISTRY OF INTERIOR F- THE HUMAN RIGHTS COMMISSION OF THE MINISTRY OF SOCIAL AFFAIRS PART TWO EFFECTIVE APPLICATION OF THE RIGHTS STIPULATED IN THE CHARTER CHAPTER ONE: CIVIL AND POLITICAL RIGHTS 1- RIGHT OF EQUALITY BEFORE THE LAW AND NON DISCRIMINATION A- LAWS INSTITUTING THE RIGHT TO EQUALITY B- CONSTITUTIONAL DECREES INSTITUTING THE RIGHT TO EQUALITY 2- RIGHT TO LIFE, RESPECT OF PHYSICAL AND MORAL INTEGRITY OF INDIVIDUALS, AND PROHIBITION OF ARBITRARY DEPRIVATION OF THESE RIGHTS 3- RIGHT TO THE RESPECT OF THE DIGNITY INHERENT IN THE INDIVIDUAL, RECOGNITION OF LEGAL STATUS, PROHIBITION OF EXPLOITATION, DEGRADATION, TORTURE, AND CRUEL, INHUMAN AND DEGRADING TREATMENT 4- INDIVIDUAL LIBERTY AND RIGHT TO PRIVATE LIFE 5- RIGHT TO SEEK REMEDY AT LAW A- LAWS ON THE RIGHT TO SEEK REMEDY AT LAW B- CONSTITUTIONAL DECREES ON THE RIGHT TO SEEK REMEDY AT LAW 6- FREEDOM OF WORSHIP AND FREE PRACTICE OF RELIGION 7- FREEDOM OF OPINION AND INFORMATION 8- FREEDOM TO CREATE ASSOCIATIONS 9- RIGHT OF ASSEMBLY 10- RIGHT TO MOVE ABOUT AND TO RESIDE 11- RIGHT TO PARTICIPATE IN THE MANAGEMENT OF THE PUBLIC AFFAIRS OF THE COUNTRY CHAPTER TWO: ECONOMIC AND SOCIAL RIGHTS 1- RIGHT TO OWN PROPERTY 2- RIGHT TO WORK 3- RIGHT TO HEALTH AND THE AIDS CONTROL PROGRAMME 3 A- HEALTH COVERAGE B- NATIONAL AIDS CONTOL PROGRAMME C- MEDICAL INSURANCE 4- RIGHT TO EDUCATION AND TO CULTURE A- RIGHT TO EDUCATION B- HIGHER EDUCATION C- RIGHT TO CULTURE D- EGYPTIAN INFORMATION SYSTEM CHAPTER THREE: RIGHTS OF FAMILIES AND OTHER SPECIAL CATEGORIES 1- FAMILIES A- SYSTEM OF GROUP INSURANCE B- SOCIAL SECURITY SYSTEM C- IMPROVEMENTS IN SALARIES AND WAGES D- FAMILY COURTS 2- WOMEN A- EFFORTS DEPLOYED BY GOVERNMENT B- THE NATIONAL COUNCIL ON WOMEN 3- CHILDREN A- GOVERNMENT BODIES IN CHARGE OF CHILDREN B- THE NATIONAL COUNCIL ON CHILDHOOD AND MOTHERHOOD 4- DISABLED PERSONS 5- ELDERLY PEOPLE CHAPTER FOUR: OBSTACLES TO IMPLEMENTING THE CHARTER IN THE EXISTING ECONOMIC AND SOCIAL CONDITIONS CHAPTER FIVE: EDUCATION, AWARENESS, INFORMATION AND DISSEMINATION OF INTERNATIONAL AND REGIONAL HUMAN RIGHTS AGREEMENTS 1- CONCERNING THE MINISTRY OF JUSTICE 2- CONCERNING THE MINISTRY EDUCATION AND TEACHING 3- CONCERNING THE MINISTRY OF HIGHER EDUCATION 4- CONCERNING THE MINISTRY OF INTERIOR 4 CHAPTER SIX: COOPERATION BETWEEN EGYPT AND AFRICA FOR THE EFFECTIVE IMPLEMENTATION OF THE PROVISIONS OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS 1- CONCERNING SECURITY COOPERATION WITH AFRICAN STATES 2- CONCERNING COOPERATION IN SOCIAL FIELDS 3- CONCERNING THE TRAINING OF AFRICAN MEDICAL EXECUTIVES 4- CONCERNING THE LABOUR FORCE 5- CONCERNING TEACHING 6- CONCERNING CULTURE 7- CONCERNING INFORMATION CONCLUSION APPENDIX: - LAW N° 94 OF 2003 RELATING TO THE CREATION OF THE NATIONAL HUMAN RIGHTS COUNCIL 5 PERIODIC REPORT (7TH & 8TH) OF EGYPT PRESENTED TO THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS ____________ INTRODUCTION Egypt has the honour of presenting its periodic report (7th and 8th) to the Commission, in accordance with article 62 of the African Charter on Human and Peoples’ Rights, and under the framework of the guidelines published by the honourable Commission. The first part of this report deals with Egypt’s contribution to international human rights instruments, as well as the legal framework for the protection of human rights principles in Egypt, and the legal framework of the African Charter, which is the object of this report. It also indicates new legislative measures that have been introduced for the effective implementation of international treaties and the African Charter on Human and Peoples’ Rights; the national authorities that guarantee the effective implementation of human rights principles, and the national mechanisms that have been put in place. The second part deals with the objective application of the provisions of the Charter, and in particular, the most recent developments in the area of teaching, raising awareness and disseminating international and regional human rights agreements, in line with the guidelines. It also reports on progress made both at regional and international level, and speaks about the efforts deployed by Egypt in its cooperation with African States parties to the African Charter on Human and Peoples’ Rights. It must be indicated that where the topics mentioned have already been dealt with in the previous report by Egypt, we shall limit ourselves to referring to that report in order to avoid repetition and to spare the time of the honourable Commission. PREAMBLE Egypt acceded to the African Charter on Human and Peoples’ Rights by decree of the Republic n° 77 of 1984. The Charter was published in the Official Journal in the Arabic language and entered into force in the country as from 21/10/1986. At the time of accession, Egypt had entered a reservation on the implementation of articles 8 and 18/3; that these articles had to be implemented in the light of the provisions of Islamic Shari’a law and could not be in contradiction of the latter. 6 PART ONE This part comprises the following chapters: CHAPTER ONE: UPDATE OF STATISTICAL INDICATORS IN THE MEMBER STATE CHAPTER TWO: EGYPT’S INVOLVEMENT IN AND CONTRIBUTION TO INTERNATIONAL HUMAN RIGHTS TREATIES CHAPTER THREE: GENERAL LEGAL FRAMEWORK FOR THE PROTECTION OF HUMAN RIGHTS PRINCIPLES AND FUNDAMENTAL FREEDOMS IN EGYPT CHAPTER FOUR: LEGAL SITUATION OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS IN EGYPT CHAPTER FIVE: RECENT NATIONAL LEGISLATION ON THE EFFECTIVE IMPLEMENTATION OF INTERNATIONAL TREATIES AND THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS CHAPTER SIX: DOMESTIC REMEDIES TO ENSURE THE EFFECTIVE IMPLEMENTATION OF HUMAN RIGHTS PRINCIPES, AND NATIONAL SUPPORT MECHANISMS 7 CHAPTER ONE: UPDATE OF STATISTICAL INDICATORS IN THE MEMBER STATE To start with, Egypt would like to recall the contents of its previous report and supplement these with some of the latest changes reported in the annual review of statistical indicators, as carried out during the general census of 1996, as follows: 1- Surface area: 9.97 million square kilometres. 2- Population: 68.6 million according to the statistical indicators at 1/01/2004 as against 61.4 million in 1996. 51.14% of the population are males, and 48.86% are females. 3- There has been a reduction in natural evolution from 2.04% in 2001 to 19.6 per thousand at the end of 2003. 4- Birth rate has gone down from 26.69 per 1000 in 2001 to 26.12 per 1000 in 2003. 5- The mortality rate in 2003 was 6.48 per 1000. 6- The mortality ratio of mothers/live births has reduced from 174/100 000 in 1993 to 68/10 000 in 2003 (Ministry of Health and the Population). Reduction in mortality rate of mothers during the period covered by the present report: Year Per each live birth Rate 2000 84/100.000 2001 75/100.000 10% 2002 70/100.000 16% 2003 68/100.000 19% The average rate of the gap is about 15% per year. 7- Estimation of the total population per age group: Age group Males Females Total Percentage Under 5 years 4023344 3854436 7877780 11.47% 5 to 25 years 16511834 15268258 31780092 46.20% 25 to 60 years 12531819 12509790 25041609 36.50% Years --- --- --- --- 60 + 811043 804448 1615491 2.40% 65 + 586161 491996 1078157 1.60% 70 + 362210 345241 707451 1.03% 75 and above 279165 268744 547909 0.80% Total in the Republic at 35105576 33542913 68648489 01/01/2004 8 8- Life expectancy at birth: At 1st January 2003, life expectancy at birth was 67.5 years for males and 71.9 years for females. In 1996, these figures were 65.1 and 69 years respectively. The percentage of the population living in urban areas was 42.4% in 2002, compared to 44% in 1986. The percentage of the rural population was 56.6% in 2002, compared to 56% in 1986. 9- Characteristics of the population: A- Education: (1) The percentage of illiterates among people aged 10 and above has dropped from 38.6% in 1996 to 29.88% at the end of 2002. (2) The number of pupils in both public and private pre-university institutions increased from 1 143 687 for the 2000/2001 school year to 15 438 790 for 2003/2004.
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