5 - 11 July 2001
Issue No.541
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Al-Ahram Weekly Online 5 - 11 July 2001 Issue No.541 |
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Too soon to celebrate
The 15-year old Egyptian Organisation for Human Rights has finally won a court order legalising its existence. Why are members not celebrating? Amira Howeidy finds out
It is ironic, some say, that when the oldest and most respected human rights group in the country finally wins legality after 14 years of legal battles, the organisation is a shadow of its former self. The Egyptian Organisation for Human Rights (EOHR) is almost no longer active, nor is it valued within human rights circles.
In fact, a sceptical EOHR secretary- general, Hafez Abu Se'eda, couldn't even muster a show of relief. "We're simply very doubtful that they will implement the ruling," he told Al-Ahram Weekly.
Citing a litany of court cases and let- downs, Abu Se'eda maintains that his pessimism is justified. Since the EOHR first applied for a licence in 1990 -- five years after the organisation was established -- under Law No. 32 for 1962, an endless legal battle started that continues to this day.
On Sunday, an administrative court ruled in favour of an appeal filed by the EOHR last September demanding recognition as a licensed non- governmental organisation (NGO) under Law No. 153 for 1999. According to Abu Se'eda, the Social Affairs Ministry will have to implement the ruling even if it plans to legally contest it. "But contesting it will be really embarrassing for the ministry," he pointed out.
The EOHR's original application for a licence in 1990 was rejected by the Social Affairs Ministry on the grounds that its existence was not needed. In 1991, the organisation filed a lawsuit seeking legality, but lost. It then took the matter to the Supreme Administrative Court.
In 1999, another NGO law, No. 153, was passed by parliament. Although the EOHR had deep misgivings about the restrictions it would impose on the organisation's funding and activities, the group decided to comply with the new law. On 24 May, the EOHR submitted the necessary papers for registration. According to the law, the Social Affairs Ministry should respond within 60 days from the date it receives the papers. Otherwise, the application is considered to be accepted.
As if things were not complicated enough already, on 3 June the Supreme Constitutional Court declared Law No. 153 unconstitutional. The EOHR reasoned that it had already completed all the necessary paperwork, so it might as well wait out the compulsory 60 days for the Social Affairs Ministry to respond -- regardless of whether or not the law was declared unconstitutional.
Since the EOHR received no response, it assumed its registration had been accepted. Heartened by a promise from Social Affairs Ministry officials that they would receive a licence, the group was even provided with a registration number. Later, the EOHR was deeply disappointed by the news that the ministry had in fact decided not to grant them a licence, "at the request of security authorities." The EOHR contested the Social Affairs Ministry's decision last September, and on 1 July, the administrative court ruled in favour of the appeal.
The past two years have been particularly difficult for the EOHR. Following the brief arrest of Abu Se'eda in 1998 for accepting foreign funding without government approval, the organisation's board decided to refrain from accepting any foreign funding. Financial difficulties resulted in layoffs and, today, only nine out of 22 employees remain at the organisation.
Not only did this weaken the organisation considerably, but the group's activities were essentially reduced to a few statements and four brief reports on the 2000 parliamentary elections. Since the beginning of this year, Abu Se'eda has been promising to issue the EOHR's annual report, but it has yet to materialise.
Despite his cynicism, Abu Se'eda says the organisation will continue to seek legality. "We'll also start seeking local and foreign funding, because the organisation needs staff and professional people -- it needs funding," Abu Se'eda says. "[The EOHR] needs to be modernised, because we've been through a long period of stagnation and we must overcome that." He added, "We had to battle in order to breathe."
These plans will only be viable, of course, if the Social Affairs Ministry decides to accept the court ruling. "It's quite horrendous actually," Abu Se'eda snapped, "that court rulings are not respected -- and that, two weeks ago, the president himself had to stress the importance of implementing court rulings."
The EOHR's case is not unique. The publication of Al-Shaab newspaper, the mouthpiece of the Islamist- oriented, and also frozen, Labour Party, was suspended more than a year ago. Despite winning 11 court rulings that the paper be reinstated, the court orders have not been implemented. Other court rulings have annulled parliamentary election results in several constituencies, but they have also been ignored by parliament. Abu Se'eda feels this background is telling of the current political environment and notes that the EOHR is "not separate from this environment." He adds drily: "Do you expect me to jump for joy, just because we won a court ruling?"
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