Egypt NGO law: UN expert warns about growing restrictions
on civil society
GENEVA (11 October 2016)
- The UN Special Rapporteur on freedom of peaceful assembly and of
association, Maina Kiai, warned today about the growing restrictions imposed on
civil society in Egypt and the targeting of human rights defenders and human
rights organizations.
On 17 September 2016, the Cairo Criminal Court froze the
assets of five prominent human rights defenders and three NGOs named in “Case
173 on foreign funding”. The order places the frozen assets under government
custodianship, meaning that the organizations and individuals can no longer
make independent decisions about the confiscated money.
“These new developments intervene in a context of a
continuing crackdown on human rights defenders and civil society organisations
in Egypt since the reopening of the 2011 NGO case, known as the ‘ 173 foreign
funding case’, in which a number of human rights defenders and heads of civil
society organizations are being investigated,” said Mr. Kiai.
“The Government seems to be systematically attacking
civil society in an effort to silence its voice,” the human rights expert
added.
On 8 September, the Egyptian Cabinet approved a new draft
NGO law retaining the restrictive provisions in the current NGO law (No.
84/2002).
“The draft law also limits NGO work to ‘development and
social objectives’, and imposes a high level of minimum capital required to set
up an NGO. Other new elements introduced by the draft law include the
establishment of a specific tax for foreign funding, the banning of activists
who have received a prison sentence for forming their own NGOs, and requiring
the NGOs to conduct work that meet social needs,” the Special Rapporteur
highlighted.
“I am concerned about the draft NGO bill which would
aggravate already constraining legislative framework and raise further
questions about compatibility of the Egyptian legislation with its
international human rights obligations,” he added.
“I recall that the Government of Egypt has accepted a
number of recommendations under the second UPR cycle of Egypt in 2014 to
promote and protect the right to freedom of association, as well as to adopt a
new NGO law that is compliant with international human rights*,” Mr.Kiai
stressed.
“I call on the Government of Egypt to halt the ongoing
harassment of human rights defenders and organizations and urge the Government
to ensure the compliance of the NGO
draft law with international law standards, following a transparent consultation process with civil society
organizations,” the expert concluded.
ENDS
* Including recommendations 166.210, 166.220, 166.221,
166.234, 166.236, 166.239, 166.240, 166.241, 166.244, 166.245, 166.246 and
166.248 (see A/HRC/28/16/Add.1).
Mr. Maina Kiai (Kenya) took up his functions as the first
Special Rapporteur on the rights to freedom of peaceful assembly and of
association in May 2011. As a Special Rapporteur, Mr. Kiai is part of what is
known as the Special Procedures of the Human Rights Council. Special
Procedures, the largest body of independent experts in the UN Human Rights
system, is the general name of the Council’s independent fact-finding and
monitoring mechanisms that address either specific country situations or
thematic issues in all parts of the world. Special Procedures’ experts work on
a voluntary basis; they are not UN staff and do not receive a salary for their
work. They are independent from any government or organization and serve in
their individual capacity. Learn more, log on to:
http://www.ohchr.org/EN/Issues/AssemblyAssociation/Pages/SRFreedomAssemblyAssociationIndex.aspx
For more information and media requests, please contact
Ms. Marion Mondain (+41 22 91 79 540 / freeassembly@ohchr.org).
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