11 - 17 January 2001
Issue No.516
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Al-Ahram Weekly On-line 11 - 17 January 2001 Issue No.516 |
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Demoralised apprehension
The Ministry of Justice has approved a memorandum explaining a highly controversial draft law regulating the activities of NGOs in this country. The draft will soon be sent to the Shura Council and later to the People's Assembly for debate and a vote.
A special committee had been set up by Justice Minister Farouq Seif El-Nasr to revise an NGO law that was declared unconstitutional, on procedural grounds, by the Supreme Constitutional Court in July, making it the shortest-lived law in Egyptian history. Law 153, according to the court, touches on basic freedoms enshrined in the constitution and, consequently, should have been referred to the Shura Council before going to the People's Assembly. Earlier, the law was deemed unconstitutional for a variety of reasons by the State Council and the State Commissioners Authority, an advisory body attached to the Supreme Constitutional Court.
The committee formed to revise the law was headed by Fathi Naguib, assistant minister of justice, and included legal experts as well as representatives of the Ministry of Social Affairs. NGOs, who protested all along that the law was unconstitutional because it infringed on citizens' rights, hailed the court's decision as a victory for their cause. But they had little cause to celebrate afterwards; they were not invited to take part in drafting the new law, a copy of which they have not seen yet.
At the time, Naguib told Al-Ahram Weekly in an interview that there was no reason to re-open discussions with NGOs since the court's decision was strictly based on procedural grounds and had nothing to do with substance.
According to Social Affairs Minister Amina El-Guindi, the latest draft introduced only a few amendments to Law 153. One affirms the jurisdiction of administrative courts, not courts of first instance, over the settlement of disputes between the Ministry of Social Affairs and NGOs. One clause was added stipulating that NGOs are prohibited from establishing homes for the elderly, orphans, the terminally ill or the disabled without the consent of the concerned administrative authority. No other amendments were introduced, according to official sources.
However, human rights organisations are highly suspicious after being unable to acquire a copy of the latest draft.
Sherif El-Hilali, spokesperson for the Arab Programme for Human Rights Activists (APHRA), a human rights organisation established in 1997 and one of the first to seek registration with the Social Affairs Ministry under Law 153, complained that the draft "was not made available to NGOs for discussion even though it has a direct bearing on them." El-Hilali argued that the whole process of formulating the bill was so secretive that it seemed intended to purposely exclude NGOs so that they would not object to its contents.
With Law 153 in the back of their minds, NGOs were apprehensive that the latest draft would inhibit civic action. They were particularly opposed to the requirements for registration, the conditions under which NGOs may be dissolved and the mandate of NGO activity.
A recent APHRA appeal urges political parties, civil society organisations and the local press "to stand together, prevent the promulgation of this notorious bill and submit the draft to wider discussion." But the appeal has been subdued because of NGO fears that any protests might lead to the rejection of their application for registration with the Social Affairs Ministry once the bill takes effect, El-Hilali said.
Morale of the majority of NGOs who had led or participated in the campaign against Law 153 is low. Human rights organisations are keeping a low profile and the movement is at present fragmented.
Mohamed El-Guindi, secretary-general of the Islamic Charitable Society (El-Gameya El-Khayreya El-Islamiya) told the Weekly, "We were keen on seeing a new more liberal law come into effect but, unfortunately, we were disappointed that the proposed law was more or less like the previous one. It still gives the ministry a great deal of power to intervene administratively in the affairs of NGOs."
Despite El-Guindi's belief that the Ministry of Social Affairs did not give NGOs an adequate opportunity to participate in the process of formulating a new law, his society never considered joining the campaign led by human rights organisations. "The impression given to us was that these organisations were suspicious because they relied on foreign funding for their work," he said.
NGO mobilisation against the bill seems scant this time around, especially when compared to the previous campaign which included several press conferences, a hunger strike, a sit-in, and the collection of signatures of prominent journalists, intellectuals and members of political parties in a letter addressed to President Hosni Mubarak.
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