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A Past Still Present The Equal Rights Trust is the global centre for excel- lence in equality law. Our vision is an equal world and our mission is to eliminate discrimination and ensure everyone can participate in society on an equal basis. We work in partnership with equality defenders to se- Equal Rights Trust cure the adoption and implementation of equality laws. On 25 January 2011, revolution erupted in Egypt. After decades of political repression and economic decline, thousands of protesters gathered in pub- lic spaces calling for dignity, freedom and the fall of the regime. The revolu- tion ousted President Hosni Mubarak, bringing an end to his 29 years in of- byfice. a Yetmilitary this was coup not d’état the endjust ofover the a turmoil. year later, President and the Muhammad leader of that Morsi coup, of the Muslim Brotherhood, sworn in as President on 2 June 2012, was ousted Abdel Fattah el-Sisi was elected as President. In January 2014, the country adopted a new Constitution, the preamble to ▪ which notes that the 2011 revolution served as “a sign of a past that is still Series: Egypt Report Country present and a good omen of a future to which all humanity aspires”, going on to A Past Still state that it “achieves equality (…) in rights and duties with no discrimination”. these aspirations. The government has failed to repeal myriad legal provi- Yet this report finds that the state has not taken the action required to fulfil Present thesions basis which of discriminatepolitical opinion on the and basis other of grounds.religion, gender, State actors sexual have orientation contin- and other characteristics, and has adopted new laws which discriminate on Addressing Discrimination ued to discriminate against religious and ethnic minorities, persons with and Inequality in Egypt disabilities and others with relative impunity. The state has not – despite a- constitutional requirement to do so – taken steps to establish a dedicated, violenceindependent are poorlyequality implemented body, or adopt and a enforced.comprehensive equality law. The iso lated legal provisions which prohibit discrimination and discriminatory Thus, despite the promise of freedom, equality and social justice heralded- crimination,by the 2011 therevolution past is veryand muchthe adoption still present. of the 2014 Constitution, Egypt has not escaped its history. For groups and individuals long exposed to dis This publication was produced with the financial support of the European Union. Its contents are the sole responsibility of the Equal Rights Trust and do not necessarily reflect the views of the European Union. Equal Rights Trust EQUAL RIGHTS TRUST A Past Still Present Addressing Discrimination and Inequality in Egypt The Equal Rights Trust Country Report Series: 12 London, December 2018 The Equal Rights Trust is the global centre for excellence in equality law. Our vision is an equal world and our mission is to eliminate discrimination and ensure everyone can participate in society on an equal basis. We work in partnership with equality defenders to secure the adoption and implementation of equality laws. © December 2018 Equal Rights Trust © Cover Design: Istvan Fenyvesi © Cover Photos (top and bottom): Al-Ahd Centre for Legal Assistance; CC BY-NC-SA Printed in the UK by Stroma Ltd ISBN: 2.0, 978-1-9996789-2-0 Mosa'ab Elshamy, via flickr All rights reserved. No part of this publication may be translated, reproduced, stored in a retrieval system or transmitted in any form or by other means without the prior written permission of the publisher, or a licence for restricted copying from the Copyright Licensing Agency Ltd., UK, or the Copyright Clearance Centre, USA. Equal Rights Trust 244-254 Cambridge Heath Road London, E2 9DA United Kingdom Tel. +44 (0)207 610 2786 www.equalrightstrust.org The Equal Rights Trust is a company limited by guarantee incorporated in England, and a registered charity. Company number 5559173. Charity number 1113288. Its contents are the sole responsibility of the Equal Rights Trust and do not This publication was produced with the financial support of the European Union. necessarily reflect the views of the European Union. Revolution until triumph! A day will come when justice will be done! The dawn of freedom has arrived. Slogans of the 2011 Egyptian revolution Compared to major revolutions in the history of mankind, the January 25– June 30 Revolution is a unique revolution, because of the heavy popular par- ticipation involved – which was estimated to be in the tens of millions – and the significant role of youth who aspire to a brighter future, the masses who transcended class and ideology to reach out to more expansive patriotic and human horizons, the manner in which the people’s army protected the popu- lar will and the blessings granted to it by Al-Azhar and the patriotic church. It is also unique because of its peacefulness and ambition to achieve freedom and social justice together. This revolution is a sign and a good omen. It is a sign of a past that is still present and a good omen of a future to which all humanity aspires. Constitution of the Republic of Egypt 2014, Preamble The current political system feels dangerous and threatening for any community organisation with a specific goal and able to convey a message, especially the message of democracy and freedom and human rights (…) Independent human rights organisations are a bitter enemy of the current system, which they aim to disrupt (…) Organisations of ordinary people have been targeted, and their coor- dinators have been imprisoned. The current regime wants to shape the society in the form it wants, which is the military form. Equal Rights Trust interview, 2017 TABLE OF CONTENTS ACKNOWLEDGEMENTS ACRONYMS AND ABBREVIATIONS EXECUTIVE SUMMARY 1. INTRODUCTION . .1 1.1 Purpose and Structure of this Report ..............................3 1.2 Conceptual Framework ...........................................4 1.3 Research Methodology ..........................................12 1.4 Scope and Limitations of this Report .............................14 1.5 Country Context .................................................15 1.6 History ..........................................................18 1.7 Government and Politics .........................................27 2. THE LEGAL FRAMEWORK RELATED TO EQUALITY ...............30 2.1 International Law ................................................31 2.1.1 Major United Nations Treaties Relevant to Equality ..........31 2.1.2 Other Treaties Related to Equality ...........................37 2.1.3 Regional Instruments. 39 2.1.4 Customary International Law ...............................43 2.1.5 Status of International Law in Domestic Law ................44 2.2 The National Legal Framework on Equality and Non-Discrimination ...................................................46 2.2.1 The Constitution ............................................47 ........57 2.2.22.2.3 SpecificNon-Discrimination Equality and Provisions Anti-Discrimination in Other Pieces Legislation of Legislation ...............................................65 2.3 National Policies Impacting Equality and Discrimination ..........86 2.4 Enforcement and Implementation. 101 2.4.1 Legal System. 101 2.4.2 National Councils ......................................... 109 2.4.3 Enforcement .............................................. 114 2.5 Conclusion ..................................................... 121 3. PATTERNS OF DISCRIMINATION AND INEQUALITY .............124 3.1 Discrimination and Inequality on the Basis of Political Opinion ... 124 3.2 Discrimination and Inequality on the Basis of Religion or Belief .... 159 3.3 Discrimination and Inequality on the Basis of Gender ........... 187 3.4 Discrimination and Inequality on the Basis of Ethnicity or Race . 223 3.5 Discrimination and Inequality on the Basis of Nationality and Citizenship ................................................ 241 3.6 Discrimination and Inequality on the Basis of Disability. 262 3.7 Discrimination and Inequality on the Basis of HIV/AIDs ........ 281 3.8 Discrimination and Inequality on the Basis of Sexual Orientation and Gender Identity. 289 3.9 Conclusion ..................................................... 302 4. RECOMMENDATIONS ..........................................306 ACKNOWLEDGMENTS This report is published by the Equal Rights Trust. The report is published in both an English-language version and an Arabic-language version. The conceptual framework, structure and research methodology were developed by the Equal Rights Trust as part of its Country Report Series on addressing discrimination and inequality in different countries around the world. The report itself was developed in close collaboration between the Trust and its local partner in Egypt, a civil society organisation which cannot be named for security reasons. The coordinator of the project which led to this publication was Camilla oversaw the production of this report. The research and drafting of the re- portAlonzo, was Senior undertaken Legal and by aProgrammes team of Equal Officer Rights at theTrust Equal consultants, Rights Trust, working who under the supervision of Camilla Alonzo. The substantive research on the legal framework in Egypt was undertaken by a legal expert based in Egypt, and was supplemented by research undertaken by Pouya Fard. In addition, desk-based research for Part 3 of the report was undertaken by Equal Rights Trust consultants Sabina Garahan and Catriona Harris. Camilla Alonzo com- piled and edited
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