Stormy encounter over NGO law

By Amira Howeidy

These are some of the many questions which were raised by nearly 200 representatives and members of civil rights groups who met Social Affairs Minister Mervat Tallawi on Monday to discuss a new draft law regulating the activities of non-governmental organisations (NGOs).

The meeting began on a quiet note, with Tallawi making a speech, but that soon changed. The minister invited all those who are concerned, or those who have complaints or suggestions, to "speak out freely". And they did.

Why, Tallawi was asked, was Law 32, which regulates civil activities, to be amended? She immediately provided the answer. "Because NGOs are important bodies and because their role has become even more important now that the government's responsibilities have increased. It is the duty of NGOs to upgrade their contribution to developmental activity."

Another reason for changing the law, Tallawi explained, "was in order to remove the articles that have so often been a source of complaint from NGOs, especially human rights groups."

According to the minister, the law was drafted by a committee of public figures, such as Alieddin Hilal, dean of Cairo University's faculty of political science, Fathi Naguib, first under-secretary at the Ministry of Justice, and representatives of civil rights groups, including Mona Zul-Faqqar, vice-chairperson of the Egyptian NGO steering committee.

"It has taken us six months of negotiations and several drafts to reach the latest draft, but it can be reconsidered, if you wish," Tallawi told her audience. "I am aware of the complaints voiced by civil rights groups, but I don't see why you should complain to Western organisations which then put pressure on the government. Why not discuss your concerns with us directly?"

Tallawi pointed out that most of the press reports that have criticised the draft law were inaccurate. "There is more than one version of the law, the last of which was issued on 16 May."

The minister was referring to the version prohibiting civil rights groups from operating without a licence, carrying out any activity considered to be political in nature and receiving funds from foreign sources without the ministry's approval. Moreover, it gives the Ministry of Social Affairs the right to appoint one or more delegates to monitor the activities of NGOs to ensure that they are pursuing their declared goals. The draft specifies that the penalty for violating the law's provisions could be a two-year jail sentence and a LE10,000 fine.

"But where is this draft law?" asked Adli Beshai of the Friends of the Environment and Development Organisation. "All the information I have on this law is derived from the press, which has been critical. I came here and listened to more criticism and received a document distributed by the ministry listing the merits of the law. Where is this law?"

Another activist, who said he had contributed to the initial drafts, stated that many phrases in the law are vague and, consequently, will serve only the ministry's interests. "Why say that the ministry has the right to appoint one or more delegates to monitor NGOs? 'More' could mean two or 10," he said. Amir Salem, head of the Legal Research and Information Centre for Human Rights, described as "frightful" the penalties included in the law. "How can you put me in prison and treat me as a criminal just because I made a mistake in the course of my work as an activist in a civil rights group?" he asked.

Salem complained that non-governmental activity is viewed with suspicion in this country. "The authorities feel that they have to watch carefully what we are doing," he said, "although it should be the other way around. NGOs should be the ones watching what the government is doing."

Bahieddin Hassan, head of the Cairo Human Rights Centre, argued that the draft gives the president and the minister of social affairs the right to make significant decisions on the make-up of the boards of NGOs. "Why involve the president or any cabinet minister in such minor matters? One can reach only one conclusion: NGOs do not have the right to be independent," he said.

An angry Tallawi responded: "We are here to listen to each other and make suggestions, not to take things out of context to prove a certain point."

"It is the kind of argument voiced by Dr Hassan that distorts the issues," she said. "He has focused solely on the negative aspects. Fine, let's cancel the new law and stick to the old one, if you wish." The audience exploded in applause, some shouting: "Yes, cancel it."

Defending the penalties included in the draft, Fathi Naguib of the Justice Ministry said that the two-year imprisonment sentence and the LE10,000 fine are the maximum punishments. "This does not mean that anyone who makes a minor mistake will have to spend two years in jail," he said.

Aida Seif-El-Dawla, of the Nadim Centre for the Rehabilitation of the Victims of Violence, countered. "If you're telling me 'don't worry; we won't imprison you for two years, only for 24 hours', and you think this is not a problem, well, it is a problem for me."

Accusations and counter-accusations followed. For Tallawi, weary after the debate, the problem was, as she put it, "one of mistrust".

"Let's admit it. We can go on and on and never reach agreement. You have to believe that our intentions are good. Once you believe it, things will be much easier," she said.

Murmurs followed. By 10.30pm, the participants began to walk out, tired and disappointed. "We hope we can reach some sort of agreement next time," Tallawi said as they left.