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The Seventh Annual Report of the National Council for Human Rights

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The Seventh Annual Report of the National Council for Human Rights The National Council for Human Rights Together to Promote Human Rights The Seventh Annual Report of The National Council for Human Rights 2010-2011 1 Together to Promote Human Rights The Seventh Annual Report of The National Council for Human Rights 2010-2011 2 Table of Contents Introduction : General Overview on the Topics of the Report and its Main Recommendations Chapter I : Situation of Human Rights in First : Fundamental Rights 1- The Right to Life 2- The Right to Freedom and Personal Safety 3- The Right to Fair and Just Trial 4- Treatment of Prisoners and Other Detainees Second : Public Freedoms 1- Freedom of Thought and Belief 2- Freedom of Opinion and Expression 3- Freedom of Forming Political Parties, Syndicates and Civil Associations 4- The Right to Peaceful Assembly 5- The Right to Participate Third : Economic and Social Rights 1- The Right to Decent Living 2- The Right to Health 3- The Right to Housing 4- The Right to Education 5- The Right to Work Fourth : Key Issues 1- Sectarian Tension 2- Universal Periodic Review Mechanism 3- Combating Human Trafficking Chapter II : “Complaints Office “Activity and Level of Effort First : Classification of Complaints 1- Thematic Classification 2- Geographic Classification 3- Classification according to method of arrival Second : Analysis of the Complaints Contents 1- Complaints Relating to Civil and Political Rights 2- Complaints Relating to Economic and Social Rights Third : Fact-finding Missions Fourth : Field Visits to Prisons Fifth : Mobile Offices Sixth : Role of Regional Offices Seventh : Role of the Committee of Five Eighth : Researches and Studies Ninth : Training Courses 3 Tenth : Workshops and Roundtables Chapter III : Dissemination of Human Rights Culture First : Mass Media Second : Training Third : Conferences and Workshops Chapter IV : Cooperation at National, Regional and International Levels First : Cooperation at the National Level Second : Cooperation at the Regional Level Third : Cooperation at the International Level 1- Interaction with UN Agencies concerned 2- Cooperation with Relevant International Institutions 3- Cooperation with the European Union Fourth : In the Area of Bilateral Cooperation at the Country Level Fifth : Cooperation with International Non-Governmental Organizations and Academic Institutions Chapter V : National Plan for the Advancement of Human Rights First : Coordination with Ministries Concerned 1- Ministry of Housing 2- Ministry of Water Resources 3- Ministry of Environment 4- Ministry of Transport 5- Ministry of Economic Development 6- Ministry of Information 7- Ministry of Education 8- Ministry of Electricity and Energy Second : Coordination with CSOs Chapter VI : Recommendations Annex : NCHR Budget 4 Introduction The period covered by the Seventh Annual Report of the National Council for Human Rights (NCHR) is of particular importance for a number of reasons. The country witnessed significant milestones during the course of 2010 in terms of human rights and public freedoms, with both positive and negative repercussions on State and society, while posing serious challenges in other instances, necessitating the development of decisive policies in their regard. At the forefront of these developments, are the obligations undertaken by the State in the context of the Universal Periodic Review in order to promote human rights and public freedoms. The obligations may not offer significant additions to the legal obligations incumbent upon the State, but they interpret and detail many of these obligations in ways that enhance the strength and methods of implementing previous commitments. Moreover, they reaffirm the State's commitments and leave no room for interpretations or release from previous commitments, while contributing when implemented in uprooting many negative phenomena plaguing society. The developments this year have also culminated on a positive note with respect to certain human rights issues in the country that have been pending for many decades, namely the issue of women's political participation. Amendments to the Law on Exercising Political Rights were enacted, allocating a women's quota in the People's Assembly. The quota will be implemented for the first time since it was cancelled more than 20 years ago on the grounds of violating the principle of equality, thus overcoming this serious infringement of women's participation in parliament. The Law on Combating Human Trafficking was enacted, promoting the State's efforts in the fight against this disgraceful phenomenon, and providing a legal umbrella for marginalized groups that are most likely to fall victims of this practice. The third milestone is related to the challenges of strengthening the country's political life, an area that includes numerous issues on the national agenda, among which are: 5 1- Ending the state of emergency which the NCHR has strived to achieve since its inception and continues to do so, adopting society's demands for its termination. 2- Implementing the principle of citizenship, which has been guaranteed by recent constitutional amendments, and adopted by the National Council for Human Rights as a basis to exit not only from the tunnel of social tension with its diverse qualitative and objective manifestations, but also to strengthen the principle of equality which constitutes the umbrella for all human rights and public freedoms. 3- Addressing the causes of sectarian tension which extremist currents have forced upon society in recent years. The cowardly terrorist bombing of the Al-Qidissayne (Two Saints) Church in Alexandria underlines the nature and magnitude of the risks created by this tension with a potential to drag the country into sectarian strife with irreversible consequences. 4- Reconsidering the manner in which security tensions in Sinai, with their increasingly broad and complex ramifications in recent years, are being addressed, involving grave violations of the civil, political, economic and social rights of citizens in Sinai. 5- Development of the basic laws complementary to the Constitution, in the forefront of which is ensuring the freedoms of trade unions/syndicates, political parties and NGOs. The NHCR's annual report this year aims to contribute ideas on ways to address these challenges along with the permanent chapters on monitoring the general situation of civil and political rights, as well as economic and social rights. It also offers officials and public opinion an integrated package of recommendations necessary to address the root causes and obstacles which hinder efforts to promote respect for and protection of human rights in the country. 6 Chapter I Situation of Human Rights in Egypt 7 Situation of Human Rights in Egypt The year 2010 saw a deepening of the Egyptian government's commitments in promoting respect for and protection of Human Rights through the review of Egypt's record by the United Nation's Universal Periodic Review Mechanism on human rights in February 2010, and the voluntary pledges the government has undertaken and recommendations it has accepted, in addition to the recommendations issued by the United Nation's Commission on the Elimination of All Forms of Discrimination against Women following the discussion of Egypt's sixth and seventh periodic reports in February 2010. The country has also taken an important step towards promoting women's rights in political participation with the allocation of a quota of 64 additional seats in the People's Assembly for two consecutive terms (2010-2015 and 2015-2020). The country's efforts to combat human trafficking was strengthened through the enactment of a specialized law in this regard in mid- year and issuing its Executive Regulations before end of the year, as well as adopting an advanced national plan to combat the different forms of this phenomenon in the country. Although the extension of the Emergency Law was limited to specific cases stipulated by law and has continued to withhold many legal safeguards, the amendments introduced to the decision to extend the law have resulted in the release of hundreds of detainees. The visit of the Minister of Interior to Sinai also represented an important initial step to address the security tensions in the area, especially after the release of some of the detainees. The Supreme Constitutional Court resolved in early 2011 the legal debate between the professional syndicates and the authorities regarding the Law No. 100 of 1993, which had crippled syndicates for a period of 17 years, handing down a ruling that the law was unconstitutional. In addition, the administrative judiciary continued its important role in reviewing the decisions that affect the interests of citizens and their constitutional and legal rights. The most notable cases in this respect were those regarding the allocation of state- owned land, and the advisory opinion on the new health insurance draft bill. A number of problems have continued throughout the year, adversely affecting the promotion of human rights in the country, namely the persistence of death due to suspected torture, and ill-treatment in custody and during arrest proceedings. Sectarian, social and security tensions that the NCHR had warned of during the past years have escalated, and particularly the sectarian tension which has taken serious proportions during the year. It constitutes a dangerous foundation for sowing sectarian discord and tension, as witnessed by the terrorist crime that targeted Christian citizens at the Al-Qiddissin Church in Alexandria during the New Year's
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