Al-Ahram Weekly   Al-Ahram Weekly
18 - 24 May 2000
Issue No. 482
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Rights at a crossroads

By Amira Howeidy

For the past two months, Mohamed Zarie', director of the Human Rights Centre for the Assistance of Prisoners (HRCAP), has been completely absorbed in the paperwork necessary to obtain legal status for his organisation. Although unconvinced, he is complying with a new law that regulates the legal status, funding and activities of non-governmental organisations (NGOs). If he does not complete the registration procedures by 27 May, his centre could be shut down by the authorities.

But, faced with a labyrinth of bureaucratic demands from various official bodies, obtaining a licence seems about as likely as a miracle. However, the law and licence are not Zarie's only worries. A government-sponsored National Council for Human Rights, which will be formed very soon, may, he argued, "put an end to what remains of the [Egyptian] human rights movement."

In the words of Hafez Abu Se'da, secretary-general of the Egyptian Organisation for Human Rights (EOHR), the entire movement has found itself in a "foggy environment."

Abu Se'da was arrested briefly in 1998 for allegedly receiving a cheque from the British Embassy to finance a report that was critical of the Egyptian state. He was referred to a state security court and then, in a sudden change of signals, the order was frozen by the prosecutor-general.

In more than one way, the changes in circumstances faced by Abu Se'da epitomise the situation of human rights activists who are affected by the domestic political climate. Moreover, his experiences in a prison cell two years ago, and then in a five-star Paris hotel, where he met with top Egyptian officials in February, are also telling of how the authorities relate to human rights groups. As one observer put it, "the government always viewed the movement with suspicion; as though it were the foreign arm of Western agencies imposing far-fetched notions which the government found to be disturbing. But this view changed when the government discovered that the existence of human rights groups is good for Egypt's image as a modern, secular state."

The price of this "discovery," some allege, was that the government began to try to weaken the human rights movement. The law, and now the council which will be affiliated to the office of the president of the republic, are -- it is claimed -- the government's tools in this effort.

Two weeks ago, two employees of the EOHR went on a hunger strike to protest a reduction of their pay. They ended the strike only when the reduction was cancelled. According to Abu Se'da, his organisation has been suffering from severe financial problems since he was referred to trial for receiving funds from foreign parties without notifying the authorities. Had he been tried and found guilty, Abu Se'da would have faced a minimum sentence of seven years in prison. "Since then, we haven't been accepting any funds because we don't know what might happen if we do," Abu-Se'da told Al Ahram Weekly. "Consequently, we were forced to curtail our activities to some extent. The EOHR has no money at the moment and I don't know how I'll pay the employees in the coming months."

Others -- such as Negad El-Borai's Group for Democratic Development (GDD) which is shutting down soon -- view the situation as intolerable.

On the other hand, one of the most active rights groups, the Centre for Human Rights Legal Aid (CHRLA), was seriously shaken when its founders and most prominent activists, such as Gasser Abdel-Razek, resigned because other board members registered the centre with the Social Affairs Ministry.

Abdel-Razek, who formed the Hisham Mubarak Centre, a "legal counselling firm," argues that, theoretically, the law does not apply to them. "We will not register under any circumstances, and we know that we're taking a risk," he told the Weekly.

In addition to the Arab Organisation for Human Rights (AOHR), which signed an agreement with the Foreign Ministry last week granting it legal status under the new law, the Arab Centre for the Independence of the Judiciary and the Legal Profession (ACIJLP) is about to embark on the same path. Under Law 153 of 1999 which regulates NGO activities, centres or NGOs whose activities have a regional dimension may register through the Foreign Ministry. But, argues Nasser Amin, ACIJLP's director, "our application may be turned down; if that happens, we will not know what to do."

The National Human Rights Council is viewed by some as an even greater threat than Law 153.

Although the council has not been officially established, nor its 20 members chosen by the president, the names of "obvious" appointees are already circulating among human rights circles. According to one activist who requested anonymity, "if rights activists join this council, the entire movement will be affected, if not weakened."

The clearest impact of this issue so far has been to divide the once united human rights movement.

Abu-Se'da believes there are positive aspects to the establishment of such a council. "Since the EOHR was established in 1985, there has been no dialogue whatsoever between us and the government; instead, a war of words has raged." Ironically, it was at the climax of this war, when Abu-Se'da was referred to trial in February this year, that the idea of a dialogue between the government and rights groups was floated. Abu-Se'da said that Zakaria Azmi, chief of the presidential staff, visited him during a trip to Paris and they discussed the proposal. It is not surprising, therefore, that Abu-Se'da should champion the establishment of this council, despite its government affiliation.

Baheiddin Hassan, director of the Cairo Institute for Human Rights (CIHR), also favours the idea, but feels that a final verdict depends on the "nature of the council's mandate."

"The idea of a national committee or institution for human rights is recognised internationally and was approved by the UN in 1994," he told the Weekly. "Rights groups should urge governments to form such bodies." But, he argues, there are some organisations that carry "national" in their name, but lack the coordinating capacity that would allow them to fulfill their mandates.

The objective of a national human rights council, explained Hassan, is to help and guide the state to work on supporting human rights. "In advanced countries there are bodies such as the National Institution in France, and the one in South Africa, which have full independence... But in the Third World, they are there for cosmetic purposes and public relations," he argued.

Countries in the region, such as Jordan, Morocco and Saudi Arabia, have already established similar councils. "The nature and regional responsibilities of a country like Egypt necessitate the establishment of such a council especially since less advanced countries have done so already," Hassan said. "But then it can't afford to form a council that will only serve to project a good image," he suggested, "because if other countries are forgiven for doing so, Egypt won't be, again because of its weight in the region."

"Yes, the human rights movement has been going through a tough time," said Hassan, "but this will not last for long. I have a feeling that the Constitutional Court will pronounce Law 153 unconstitutional."

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