No quick fix
In assessing the compatibility of existing legislation with human rights commitments the National Council for Human Rights faces major hurdles, reports
Reem Leila
The National Council for Human Rights (NCHR) is to set up a Legislation Development Unit (RLDU) to review legislation against Egypt's human rights commitments and suggest amendments accordingly.
Boutros Boutros-Ghali, head of the NCHR, believes "the unit will be a channel of communication between council committees, civil society and the government".
The RLDU's mandate will include presenting recommendations to the executive and legislative authorities, to professional associations, universities, jurists and NGOs. Ghali adds that the unit will also examine international treaties and documents to which Egypt is a signatory.
The unit has already contacted dozens of NGOs across Egypt. The aim, says RLDU head Zeinab Radwan, is to work on increasing public awareness of human rights. "Achieving broader political participation across society is among the unit's objectives," she stated.
The RLDU has identified more than 200 laws that contradict Egypt's human rights commitments. They include legislation covering personal status, NGOs and political rights. The next step is to present a selection of these laws, around 20, to the government for amendment. They are likely to include laws related to freedom of expression, the exercise of political rights and the right to freely associate. Radwan hopes they can be amended ahead of parliamentary elections scheduled next year and the presidential elections of 2011.
"Under the current congregation law, police can arrest members of any gathering of more than five people. This is nonsensical and must be swiftly amended," says Radwan.
While the RLDU seeks to target all members of the public its outreach methods will vary from group to group.
"At the moment special priority is being accorded to members of civil society, government officials and parliamentarians, since we have identified them as effective partners as we pursue our aims," says Radwan.
The unit is conducting ongoing training courses for its own staff in dealing with NGOs while simultaneously holding workshops for NGOs and members of civil society across the country in an attempt to encourage them to assess the public mood towards legislation and its compatibility with human rights standards.
NCHR member Ayman Fouad says the project is initially slated for a year, a term to be indefinitely renewed until the RLDU completes its mandate. That is likely to take some time. There are thousands of laws and hundreds of international treaties that must be reviewed. "It is all very time consuming. We do not want to miss any current legislation that impacts on people's rights. The aim is that Egyptians will finally be able to lead a dignified life as happens in the West," says Fouad.
NGOs have already referred 30 laws to the RLDU which they believe require amendments in order to be compatible with human rights standards. Not that anyone expects a quick fix. Members of the RLDU say it would be a victory if the government amended just two or three laws a year.
The RLDU's task is complicated by the fact that some laws on the statute book date back to the 18th century.
"Some documents are very old and difficult to read. We are all the time faced with routine bureaucracy. We have to push for access all the time," says RLDU member Mohamed Ahmed.