TITLE: EGYPT HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
EGYPT
According to its Constitution, Egypt is a social democracy in
which Islam is the state religion. In July the People's
Assembly reelected President Hosni Mubarak, who was unopposed,
to a third 6-year term by a 439 to 7 margin. In accordance
with the Constitution, Mubarak's election was put to a popular
referendum in October in which he received more than 96 percent
of the votes cast. The President appoints the Cabinet, which
is responsible to him. The National Democratic Party (NDP) has
been in power since its establishment in 1978. It commands
large majorities in the popularly elected People's Assembly and
the Shura (consultative) Council. One opposition party is
represented in the People's Assembly; others boycotted the
previous People's Assembly election in 1990 and are not
represented.
There are two security services under the Ministry of
Interior: the General Directorate for State Security
Investigations (GDSSI), which conducts investigations and
interrogates detainees, and the Central Security Force (CSF),
which enforces curfews and bans on public demonstrations and
conducts paramilitary operations against alleged terrorists.
Both the GDSSI and CSF have been implicated in many reports of
torture and other abuses of prisoners and detainees.
Egypt has a mixed economy dominated by an inefficient public
sector. Under an ongoing economic structural adjustment
program, Egypt has reduced or eliminated subsidies on consumer
goods, agricultural inputs, energy, and services and has
liberalized the currency and capital markets. The Government
is moving slowly to restructure or privatize many state-owned
companies. Low economic growth rates and a growing population
have contributed to a decline in real per capita income in each
year since 1988.
The Constitution provides for various human rights, including a
multiparty political system, regular elections, the rule of
law, an independent judiciary, freedom of opinion, and the
right to peaceable assembly; a number of them are limited in
practice, and there are many other serious abuses. The human
rights situation continued to deteriorate in 1993 as a result
of actions by terrorist groups, the Government, and nonviolent
Islamic activists. Egypt's security services and terrorist
groups continued to be locked in a cycle of violence.
Terrorist groups attacked government officials, security
forces, Egyptian Christians, and foreign tourists. Many
innocent bystanders died in terrorist attacks. The Government
also perpetrated many abuses, including the arbitrary arrest
and torture of hundreds of detainees, the use of military
courts to try accused terrorists, the failure to punish
officials responsible for torture, infractions committed under
the Emergency Law, the harassment of journalists, and the
Government's attempt to gain greater control over civil
society. Although most of the arbitrary arrests, detentions
without trial, and torture were perpetrated on suspected
members of terrorist groups, the police also victimized
nonviolent Islamic activists and ordinary citizens. In 1993
actions by nonviolent Islamic activists posed a danger to the
freedom of expression. The NDP dominates the political scene
to such an extent that, as a practical matter, Egyptians do not
have a meaningful ability to change their government. Women
and Egyptian Christians face discrimination based on tradition
and some aspects of the law.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
In 1993 at least 12 persons died from injuries allegedly
sustained while in police custody. It was also learned in 1993
that another person, Ahmed Hamido Al-Sawi, reportedly died
under torture in December 1992. The Government has not
adequately investigated or publicly explained these deaths.
According to the Egyptian Organization for Human Rights (EOHR),
medical reports released on deceased detainees in 1993 fail to
note the origins, and even the existence, of scars in alleged
torture cases. Seven of the deceased were reportedly suspected
Islamists: Mohamed Gomaa and Abdul Satar Abdullah who died in
August; Ahmed Farouk Ali, Bahaa Abdel Raouf, Eissa Taher
El-Bishari, and Ahmed Abdel Rahman who died in September; and
El-Mohammadi Mohamed Morsi who died in October. Delegations
from the United States raised this and other human rights
issues in a continuing dialog with top Egyptian officials.
According to the Islamist newspaper Al-Shaab, Mohamed Gomaa
died under torture at Tora prison. According to Ministry of
Interior officials, Ahmed Farouk Ali, 27, died of a heart
attack at the State Security headquarters in Cairo on September
2 after 1 day in police custody. Ahmed was arrested for his
alleged role in the failed assassination attempt on Interior
Minister Al-Alfi in August. A preliminary report issued by the
Ministry of Interior's Directorate of Health Affairs stated
that Ali's body had "several bruises on the face and death
occurred as a result of failure in heart and respiratory
functions." However, the final report issued in November
stated that death was not due to physical abuse, but "occurred
due to normal reasons."
The five other persons who died are not believed to have any
connections to Islamist groups. They are: Mahmoud Hussein
Mohamed who died in May from injuries sustained during
interrogation by security forces (see Section 1.c.); Abdel
Gayed Sayed Abdel Gayed who also died in May; Emad Saad
El-Hawashi who died in September; and Effat Mohamed and Hosni
Salah Sayed who died in October.
In addition to the 12 persons cited above, at least 4 other
persons died after allegedly jumping from windows or stairwells
to escape arrest or avoid giving information to the police.
These include Haithem Abdel Sabour Kahlaf; Ahmed Kahlaf; Eissa
Taher Suleiman, who allegedly jumped from a window at the Aswan
Security Directorate headquarters in April; and Ahmed Abdel
Halim, who allegedly jumped from the top of an apartment
building stairwell in October while under police escort.
At least 201 people were killed in civil unrest in 1993, the
highest recorded level since 1981. Security forces killed at
least 63 suspected terrorists and an undetermined number of
bystanders. A number of the deaths caused by security forces
appeared to result from an excessive use of lethal force. In
March security forces surrounded a mosque in Aswan and opened
fire with automatic weapons after the worshipers inside refused
to depart. At least nine persons inside the mosque were killed
in what was reportedly a one-sided exchange of fire. Also in
March, security forces conducted several raids on the homes of
alleged terrorists in the Cairo area, killing 9 persons,
including the wife and child of an alleged terrorist, as well
as a raid in Assiyut city in which they killed 10 alleged
terrorists. The three assaults in March occurred only a few
days after the murder of police officers by terrorists,
suggesting a retaliatory motive behind at least part of the
cycle of violence. After assuming office in April, Minister of
Interior Hassan Al-Alfi deemphasized mass arrests and
large-scale police raids on alleged terrorist strongholds.
A majority of the deaths resulting from civil unrest in 1993
were caused by terrorist groups. Terrorists killed at least 83
members of the security forces and 54 civilians. At least 26
of the civilians died in terrorist bombings. As they have in
recent years, terrorists also continued to attack Egyptian
Christians. They murdered at least nine Coptic residents of
Assiyut Governorate, including physicians, students and Ibrahim
Hana, a village official. They also burned churches and other
properties owned by Copts.
Terrorist groups claimed responsibility for the attempted
assassination of Prime Minister Atef Sedky in November; the
attempted assassination in August of Interior Minister Hassan
Al-Alfi; the assassination in August of Qena Governorate Deputy
Director of Security Brigadier General Abdel Halim Ghobara, his
driver, and bodyguard; the attempted assassination in July of
Army General Othman Shahine in Cairo; the assassination in
April of Assiyut Governorate Deputy Director of Security
Brigadier General Mohamed Abdel Latif El-Shimi, his bodyguard,
and driver; and the attempted assassination in April of the
Information Minister Safwat Al-Sherif.
b. Disappearance
There were no reports of new disappearances in 1993, but three
cases dating from 1988, 1989, and 1990 remain unsolved.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Although the Penal Code prohibits the use of torture to obtain
a confession, there is convincing evidence that police and
security forces systematically practice torture. Such a
determination was made in August when a state security court
found that all 27 defendants tried for the October 1990
assassination of People's Assembly Speaker Rifaat Al-Mahgoub
were tortured while in custody. The court acquitted 17
defendants of all charges but sentenced 10 to prison on related
charges. The presiding judge found that security forces used
"hideous methods to extract confessions." However, no action
was taken to punish the officials responsible for the torture.
In September a military court ordered the release from
detention of Sami Salamah Abdel Mumin, one of 35 defendants in
a trial of alleged terrorists. The court decision was based on
a complaint by Abdel Mumin that both his feet were crippled and
his kidneys injured by physical abuse committed by security
officers while he was in police custody.
Mahmoud Hussein, 45, died in May several days after his release
from police custody, reportedly owing to injuries sustained
during interrogation by security forces for his alleged
connection with terrorist groups. The Government stated that
it was investigating the case, but at year's end there had been
no public statement.
The Government generally investigates torture complaints in
cases involving persons arrested for common crimes and has
punished offending officers. However, the Government does not
adequately investigate torture complaints in cases involving
detainees in political or religious cases. There is no public
record that offending officers in such cases are punished, thus
suggesting that the Government tacitly condones the
mistreatment of those it considers to be opponents.
Officers of the Interior Ministry's GDSSI are known to practice
torture on both alleged terrorists and nonviolent Islamists.
Torture, which takes place in police stations, at GDSSI
offices, and at CSF camps, is used to extract information,
coerce the victims to end their antigovernment activities, and
deter others from such activities.
Torture victims are usually taken to GDSSI offices where they
are handcuffed, blindfolded, and questioned about their
associations, religious beliefs, and political views. Victims
have reported the following torture methods: During
interrogation, detainees are frequently stripped to their
underwear; hung by their wrists with their feet touching the
floor, hung upside down, or forced to stand for prolonged
periods; doused with hot and cold water; beaten; forced to
stand outdoors in cold weather; and subjected to electric
shocks. Some victims in 1993, including female detainees,
reported that they were threatened with rape.
As many as 10 days may elapse from the date of arrest until
detainees enter the penal system. During that period,
detainees are usually held at GDSSI offices where they are
questioned and often tortured. The security forces do not
acknowledge any detention during that period, pointing to the
lack of any documentary proof of arrest. The lack of written
records during the early days of arrest invites the abuse of
detainees and frustrates investigations into torture
complaints. The Government denies that such "temporary
disappearances" occur and maintains that all arrests are
conducted with warrants and that written records are always
kept on the whereabouts of detainees.
Moreover, the security forces sometimes transfer detainees from
prisons to other facilities where they are interrogated,
tortured, and then returned to prison. No written records are
kept on such transfers.
To pressure fugitives to surrender, security forces have taken
their relatives, including minors and female family members,
into custody. An undetermined number of such detainees have
been physically abused while in custody.
Persons arrested for ordinary criminal offenses are commonly
mistreated by the local police. Mohamed Ali Mohamed Ali, 38,
arrested in January for car theft, was allegedly hung by his
wrists for extended periods and beaten with a stick while in
police custody. An investigating officer allegedly injected a
mixture of water and human waste into his leg, causing
gangrene. On October 17 Ali appeared in court on a stretcher
and told the judge that the police had injected his leg with
feces after he refused to confess to several car thefts. The
court acquitted Ali on one charge of car theft but sentenced
him to 6 months on other charges. At year's end, there had
been no public record of any investigation into Ali's alleged
mistreatment.
d. Arbitrary Arrest, Detention, or Exile
Arbitrary arrest and detention are widely practiced against
alleged terrorists and others thought to threaten national
security. However, in some mass arrest operations, security
forces have subjected villages to collective punishments, so
that many persons with no association with terrorist groups
have been taken into custody. Such arrests and detentions are
conducted under the State of Emergency, which has been in
effect since President Anwar Sadat's assassination in 1981.
The present Emergency Law is scheduled to expire on June 30,
1994.
Under the Emergency Law, the Interior Minister may detain a
person without indictment for 90 days. Detention orders are
issued by public prosecutors who have limited powers to commit
individuals to confinement. Some detainees are not allowed to
inform their relatives of their detention, and access to legal
counsel has been delayed. In theory, those arrested under the
Emergency Law should be indicted or released within 90 days.
In practice, the Government often simply writes a new detention
order for those whose release has been ordered by a court--in
effect continuing to detain them without due process for
prolonged periods. However, most detainees are released much
sooner, after interrogation. Under the Emergency Law, there is
a continuous flow of new arrests and releases from detention.
Under ordinary criminal procedure, arrested persons are charged
with violations of specific laws, have the right to a judicial
determination of the legality of arrest, and should be formally
charged within 48 hours of arrest or be released. Arrests
under this procedure occur openly and with warrants issued by a
district prosecutor or a judge. There is a system of bail.
However, the regular Penal Code also gives the State wide
detention powers. State prosecutors may obtain court orders to
detain persons for 45 days and to confine them for up to 6
months to complete investigations. Detainees are often
released without explanation or acknowledgement that charges
have been dropped.
The Penal Code contains several provisions to combat terrorist
violence. These provisions broadly define terrorism to include
the acts of "spreading panic" and "obstructing the work of
authorities," allow the police to hold suspects for 24 hours
before obtaining arrest warrants, and prescribe the death
penalty for persons found guilty of terrorism and life
imprisonment for membership in a terrorist group.
Egyptian human rights monitors estimate that about 140
Palestinians were in detention during the third quarter of
1993. Many entered Egypt illegally from the Israeli-occupied
territories. Others are legally resident in Egypt and are
under investigation for alleged political activities. Some
Palestinian detainees reportedly have been tortured.
There are no reliable statistics on the number of persons in
detention. Observers estimate that at the end of 1993, 3,000
persons were in detention under the Emergency Law, many for
political reasons.
e. Denial of Fair Public Trial
Although the judiciary in recent years has exercised
considerable independence and has sometimes upheld defendants'
constitutional rights against acts of abuse by executive branch
officials, the Government has used its powers under the
Emergency Law to use military courts to create "emergency"
state security courts (civilian and military) to try suspected
terrorists, thus circumventing the regular courts. Trials in
such state security courts do not meet international standards
for fair trial (see below).
There are three levels of regular civilian criminal courts:
primary courts, appeals courts, and the Court of Cassation, the
final stage of criminal appeal. There is also a Supreme
Constitutional Court, but its jurisdiction is limited to
constitutional challenges. It does not hear criminal appeals.
There are no juries. Criminal cases are heard by panels of
three judges. Most trials are public.
There are three sets of special courts for criminal cases:
civilian and military state security courts and the courts of
ethics. The state security courts have jurisdiction over
serious offenses such as armed insurrection. They are divided
into upper and lower divisions.
Trials in a civilian state security court are heard by three
judges, but two military officers may be added by presidential
decree to the upper division. Defendants before a civilian
state security court may be indicted under the Penal Code or
the Emergency Law. When an indictment is handed down under the
Emergency Law, the court is designated an emergency state
security court.
A defendant has no judicial appeal from an emergency state
security court. However, he may file an appeal for clemency
from the President--or the Prime Minister, acting on powers
delegated by the President--who is empowered to amend, commute,
or cancel decisions or order a retrial. These powers mean that
acquittals, as well as convictions and sentences, may be
canceled and the defendant retried for the same offense.
In 1993 the Government subpoenaed Omar Abdel Rahman and 48 of
his alleged followers for retrial on charges related to their
alleged roles in a 1989 antigovernment riot. An emergency
state security court had acquitted the defendants of all
charges in 1990, but the acquittals were never ratified by the
Prime Minister, who subsequently ordered the defendants retried
on grounds that the Court had committed several procedural
errors.
In 1993 the Government used military state security courts to
try civilian defendants accused of terrorist acts or of
belonging to terrorist organizations, claiming that civilian
trials were too lengthy and civilian judges too susceptible to
intimidation under the current "exceptional circumstances."
These courts are comprised of three military officers. The
presiding judge usually has general officer rank. In January
the Supreme Constitutional Court upheld the use of military
courts to try civilian cases. It ruled that the President of
the Republic, acting under powers in the Emergency Law, is
authorized to refer any crime to a military court.
According to Egyptian military sources, at least 446 civilian
defendants accused of committing terrorist acts, or belonging
to terrorist organizations, have been tried in military courts
since late 1992. Most defendants were tried in groups ranging
in size from as few as 8 to as many as 65 persons, but many
suspected terrorists were tried individually. The military
courts reportedly acquitted 205 defendants, sentenced 177 to
less than 5-year terms, 26 to more than 5-year terms, and 38 to
death.
The Government maintains that the civilian defendants receive
fair trials in the military courts. It argues that all
military judges have the same legal training as judges in the
civilian courts; defense attorneys are accorded sufficient time
to review the prosecution's files and inspect the State's
evidence; trials are conducted under the same procedures used
in civilian courts; defense attorneys have the right to
cross-examine and to call any witness; military judges apply
only the Penal Code in trying cases involving civilian
defendants--no civilian defendant is subject to military law or
military punishments; there are adequate safeguards against the
admission of confessions obtained under duress; defense
attorneys are appointed by the Bar Association at state expense
for indigent defendants; verdicts are reviewed by two panels of
military judges, who examine the trial procedures before the
verdicts are forwarded to the President for ratification; and
all defendants have a constitutional right to appeal for
clemency from the President.
However, the military courts do not afford the defendants due
process before an independent tribunal. The military courts
are less independent than the civilian judiciary, as the judges
and prosecutors are both part of the State's executive
authority. The military judges do not appear to grant defense
attorneys adequate access to case files or time to meet with
defendants; they tend to rush complex cases with many
defendants so that most cases are tried within 6 weeks.
Moreover, as with the civilian emergency state security courts,
defendants in military court trials do not have the right of
judicial appeal. Sentences and trial procedures are reexamined
by military review panels, although the defendants may appeal
to the President of the Republic. Finally, there is no
information that the large numbers of defendants acquitted in
recent military trials have been released from prison.
The court of ethics hears cases falling under Law 95 of 1980
which makes illegal such activities as "endangering the public
safety," inciting youth "to depart from religious values and
loyalty to the fatherland," and denying the three "heavenly
religions." It has an upper and lower division. The ethics
courts allow nonjurists to try cases. In recent years, the
ethics courts have been used relatively infrequently to try
"economic crimes" such as corruption and drug trafficking. An
ethics court conviction denies the defendant the right to
engage in certain occupations or activities.
A person may be tried in a state security court and an ethics
court on similar indictments: in the former for criminal
offenses and in the latter for the financial gains associated
with those offenses.
In the regular civilian court system, the President appoints
all judges based on nominations from the Higher Judicial
Council, a constitutional body designed to ensure the
independence of the judiciary. The Council is composed of
senior judges, lawyers, and law professors, and is chaired by
the President of the Court of Cassation. It regulates judicial
promotions, salaries, transfers, and disciplinary actions. In
practice, however, the Minister of Justice, an executive branch
officer, has considerable influence over judicial appointments
and transfers. Judges may be appointed as prosecutors and vice
versa.
In recent years, the judiciary has exercised considerable
independence from the executive branch. Judges on occasion
have ordered inquests into torture cases; acquitted defendants
in cases where confessions were extracted by torture;
challenged the ban on workers' strikes; defended the right to
nonviolent ideological opinion; overturned bans on prohibited
political parties; and overturned an election law that
discriminated against independent candidates and dissolved the
People's Assembly elected under that law.
There are no reliable statistics on the number of convicted
political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There continued to be substantial abridgment, under the
Emergency Law, of constitutional provisions regarding the right
to privacy. In theory, police must obtain warrants before
undertaking searches and wiretaps, and courts have dismissed
cases in which warrants were issued without sufficient cause.
Police officials who conduct searches without proper warrants
are subject to criminal penalties, although these are seldom
imposed. The Emergency Law, however, empowers the state to
search persons or places without warrants.
Intelligence agencies and security services frequently place
political activists, suspected subversives, journalists, and
writers under surveillance, screen their correspondence
(especially international mail), search them and their homes,
and confiscate personal property.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press,
and to a large extent the Government refrains from curtailing
political expression. Egyptians openly express their views on
a wide range of political and social issues, including vigorous
criticism of the Government, without fear of retribution.
Nevertheless, there are some limitations on the freedom of
speech and press. The Prime Minister and the Cabinet are often
targets of criticism, but the press law stipulates fines or
imprisonment for criticism of the President or a foreign head
of state. In recent years, however, journalists have, within
limits, criticized the President without harassment, although
he may not be satirized in cartoons.
Most major dailies are government owned, their editors in chief
appointed by the President, and generally follow the government
line. Nevertheless, criticism of government policies is
frequently found in the government-owned press.
The opposition newspapers are associated with political
parties. Most are weeklies with small circulations, except the
centrist daily Al-Wafd and the smaller Islamist semiweekly
Al-Shaab. They give greater prominence to human rights abuses
in Egypt than do state-run newspapers. The opposition press is
independent but is printed and distributed by a government-
owned publishing house.
The Government influences the press in several ways. It
controls the right to publish through its power to license
newspapers. The Higher Press Council, chaired by the Speaker
of the Shura Council, has the power to approve applications for
new publications. Most members of the Higher Press Council are
close to the ruling National Democratic Party and are inclined
to follow the Government's lead.
In 1993 there was a pattern of government interference with
freedom of expression, including the arrest or harassment of
Egyptian journalists, the increased harassment of foreign
journalists, and the confiscation of printed material from the
market. In June a prominent journalist, Mohamed Sid Ahmed, was
called in for questioning for several hours regarding
statements attributed to him in a U.S. newspaper on the morale
in the Egyptian armed forces. At the same time, a retired army
general, employed as a military affairs analyst at a
government-affiliated institution, was detained for 6 days for
statements about the Egyptian armed forces attributed to him in
the same article. Neither was charged with any crime, however.
In October security forces arrested and detained overnight the
Chairman and Vice Chairman of the Socialist Labor Party (SLP),
Adel Hussein and Mohamed Helmy Murad, and two journalists for
Al-Shaab, the SLP's newspaper, Salah Bedeiwy and Ali
Al-Qammash. The four were reportedly questioned by state
prosecutors about publishing articles in Al-Shaab that
allegedly harmed Egypt's national interests, spread extremist
views, insulted President Mubarak, and accused the Government
of rigging the October 4 national presidential referendum. The
Government did not file any charges. In October the Government
also proposed amending the Press Law in a way that would give
the Government greater control over membership in the
journalists' syndicate, thus impairing the independence of
Egypt's journalists, who must be licensed by the syndicate.
Many journalists objected to the proposal, and in November the
Government quietly shelved the proposal in exchange for a
"review of the profession" to be undertaken by the journalists'
syndicate.
Foreign journalists in Egypt reported a pattern of increased
harassment from government security forces. Several
journalists were summoned for questioning, reportedly because
of government concern that their reporting on internal events
has damaged Egypt's reputation.
State-owned television and radio are more limited in the news
they cover than are newspapers. Criticisms of government
policies and reporting on human rights abuses are almost never
broadcast on radio and television. Political parties do not
have access to broadcast facilities even during election
campaigns.
Books and works of art may be confiscated or banned by decree
of various ministries without a court order. The Ministry of
Interior regularly confiscates leaflets and other works by
Islamic fundamentalists. In 1993 it prevented the public sale
of audio cassette tapes by some Islamic preachers whose
preachings were considered to foment sectarian strife.
Activists are frequently arrested and detained for distributing
antigovernment pamphlets. In 1993 military courts convicted a
number of activists for possessing antigovernment printed
material and sentenced them to prison terms. In August the
Minister of Interior barred the public sale of "Omar Abdel
Rahman, the Earthquake That Shook the World," a book printed in
Egypt.
The Ministry of Defense may ban works about sensitive security
issues. Plays and films must pass Ministry of Culture
censorship tests as scripts and as final productions. In April
the Ministry of Culture censored several scenes containing
amorous embraces in Albert Farag's "Divorce Wedding," a play
produced at the American University in Cairo. The Ministry of
Culture also censors foreign films. Censors ensure that
foreign films made in Egypt portray Egypt in a favorable
light. Censors review scripts before filming, are present
during filming, and have the right to review the film before it
is sent out of Egypt.
The Ministry of Information censors television productions and
foreign news publications. In 1993 the Ministry impounded, or
otherwise prevented the sale of, some issues of a number of
foreign publications. The Ministry does not usually inform the
management of foreign publications of the reasons for
impoundment. In October state prosecutors ordered the
confiscation of "No to Mubarak's Reelection," a book published
by the Socialist Labor Party.
The Islamic research association at Al-Azhar University has
legal authority to censor the publication of the Koran and
Islamic scriptural texts. In recent years, however, Al-Azhar
has passed judgments on the suitability of nonreligious books
and artistic productions. Although these pronouncements do not
have the force of law, the Egyptian publishing industry usually
complies with Al-Azhar pronouncements and does not publish or
distribute works deemed offensive by Al-Azhar authorities. For
years, Al-Azhar has banned the sale of "The Children of
Gebelawi," a 1959 novel by Egypt's Nobel laureate, Nagib
Mahfouz. In 1993 al-Azhar banned at least three works: the
complete works of antifundamentalist writer Farag Foda, who was
assassinated in 1992; "Creations of Flying Passions," a novel
by Christian author Edward Kharrat; and a collection of poems
by Muslim author Hasan Talab. In January President Mubarak
signaled his public approval of Al-Azhar's censorship role,
stating "when Al-Azhar renders an opinion (on censorship) it is
expressing our adherence to our faith. Thus we cannot dictate
to Al-Azhar what it should do."
The Government does not impinge on academic freedoms at
universities. However, the growth of Islamist influence in the
education system poses a threat to civil liberties. In April
an Arabic language professor at Cairo University, Nasr Abu
Zeid, was denied promotion to full professorship because a
promotion panel found that his writings on the origin of the
Koran were heretical. In June a group of Islamist lawyers
acting as private individuals petitioned a court to dissolve
Abu Zeid's marriage to his wife Ebtehal Younes. The
petitioners claimed that Abu Zeid's writings are heretical and
thus, as an apostate, he legally could not be permitted to
remain married to a Muslim woman. The case was still in
progress at the end of 1993.
In June an Islamic preacher, Shaykh Mohamed Al-Ghazali,
testified in court that any Muslim who objects to the
imposition of Islamic law effectively rejects his faith and is
an "apostate." The Shaykh added that any Muslim who kills an
apostate has carried out the legitimate punishment prescribed
by Islamic law and should be treated with leniency. Al-Ghazali
was called to testify as a friendly witness for suspected
terrorists on trial for the 1992 murder of antifundamentalist
writer Farag Foda. His remarks were interpreted by many
Egyptian intellectuals to condone the murder of secularists who
are deemed apostates.
b. Freedom of Peaceful Assembly and Association
There continue to be substantial restrictions on this freedom.
Under the Emergency Law, Interior Ministry approval is required
for public meetings, rallies, and protest marches. Permits are
generally granted for indoor rallies and those restricted to
university campuses.
The Ministry of Social Affairs has the authority to license and
dissolve "private organizations." Licenses may be revoked if
such organizations engage in political or religious activities.
Since 1985 the Government has refused to license as private
organizations the Egyptian Organization for Human Rights (EOHR)
and the Arab Organization for Human Rights (AOHR) on grounds
that they are political organizations. Both continue to
operate openly (see Section 4). However, in August the
Interior Ministry prevented EOHR officials from convening
meetings with their local chapter members in several towns in
southern Egypt.
In 1993 the People's Assembly approved a new law governing the
activities of professional associations. The law stipulates
that no association may elect a governing board without a
quorum of 50 percent of its general membership. If the quorum
is not met, another election is scheduled in which 33 percent
of the membership are required to elect the board. Failing
that quorum, the judiciary is authorized to appoint a caretaker
governing board until new elections can be organized. The law
was adopted to prevent further gains in the professional
associations by Islamist candidates who had done well in
elections with low voter turnouts.
c. Freedom of Religion
Although the Constitution provides for this freedom, there are
important limitations. Islam is the state religion. Most
Egyptians are Muslim, but approximately 10 per cent of the
population, 5 million people, belong to the Coptic Orthodox
Church, the largest Christian minority in the Middle East.
There are other small Christian denominations. The small
Jewish community practices its religion without harassment.
Members of recognized religions maintain links with
coreligionists abroad. The foreign clergy pursue their
ministries without harassment, but all non-Muslims are barred
from proselytizing. In 1993 four Westerners were detained for
more than 2 months and then expelled for proselytizing Muslims.
Islam accepts Christian and other converts, but Muslims face
legal problems if they convert to another faith. There is no
clear legal prohibition against conversion or proselytizing,
but the Penal Code prohibits any person from "degrading or
disdaining any of the holy religions or any of its religious
sects" with "the intention of harming national unity and social
peace." This is interpreted as forbidding the conversion of
Muslims. Conviction is punishable by imprisonment.
In the past, state security forces have harassed, detained for
prolonged periods, and sometimes tortured Egyptian Christians
for proselytizing Muslims. In August the state security police
arrested Kamel Soliman Badr, 36, a lay member of a Cairo church
for printing or photocopying booklets containing the
testimonies of Egyptian Muslims who have converted to
Christianity. Badr was officially charged with the
abovementioned Penal Code offense.
Egyptian courts have upheld the principle that Muslims may not
change their identity papers to reflect their conversion to a
new religion. As a consequence, married male converts from
Islam must register their children as Muslims, as the law
considers them Muslims.
An 1856 Ottoman decree still in force requires non-Muslims to
obtain what is now a presidential decree to build or repair a
place of worship. Coptic Christians maintain they are
frequently unable to obtain such authorization. As a result,
some communities use private buildings and apartments for
religious services. However, in 1992 and 1993 the Government
increased the number of building permits issued to Christian
communities to an average of more than 20 a year, compared to
the average of 5 permits a year issued in the 1980's. Most
permits appear to be for the repair of existing structures and
not for construction of new churches. Christian and Muslim
reformers urge the abolition of the Ottoman decree, but Islamic
fundamentalists defend the building restrictions.
In theory, mosques must also be licensed by the Government.
The Penal Code prohibits using a place of worship for
antigovernment speeches, and the Ministry of Religious Affairs
proposes themes and monitors sermons. In practice, the
Government cannot control all sermons, especially at
"unauthorized" mosques where sermons sometimes invoke
antigovernment, anti-Christian, and anti-Western themes. The
Government continued its efforts to bring private mosques under
its administrative control as a means to counter extremism. In
recent years, the police have closed several unlicensed
churches and mosques, although others continue in operation.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There is freedom to travel within Egypt except in certain
military areas. Egyptian males who have not completed
compulsory military service may not travel abroad or emigrate,
although this restriction can be circumvented. Unmarried women
under 21 must have permission from their fathers to obtain
passports; married women require permission from their
husbands. Citizens who leave the country have the right to
return. In October the Government discontinued the practice of
requiring a special travel permit, issued by the Ministry of
Interior, for Egyptian citizens to visit Israel.
In recent years, the Government has denied permission to
Christian converts from Islam to travel abroad. In a recent
case, police arrested a convert to Christianity at Cairo
airport and prevented her from boarding a flight to Europe.
The Government also sometimes prevents travel for political
reasons. In March security forces prevented Faten, the second
wife of Omar Abdel Rahman, from departing Egypt for a
pilgrimage to Mecca.
The deportation of Egyptian citizens and aliens granted
political asylum is prohibited and not practiced. Egypt is
host to thousands of refugees, but only a few are granted the
right to resettle in Egypt. In the past, some Ethiopians and
other Africans, who seek documentation as refugees by the
United Nations High Commissioner for Refugees, have been
detained by the police and transported to areas near the Libyan
or Sudanese borders where they are released. Some have
returned to their countries; others have found their way back
to Egyptian cities.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The ruling National Democratic Party (NDP) dominates the
454-seat People's Assembly, the Shura Council, local
governments, the mass media, labor, the large public sector,
and the licensing of new political parties, newspapers, and
private organizations to such an extent that, as a practical
matter, Egyptians do not have a meaningful ability to change
the national government.
In 1993 President Hosni Mubarak was elected unopposed to a
third 6-year term by the People's Assembly. In October
Mubarak's reelection was submitted to the public in a national
referendum in which 96 percent of the voters approved it. The
Government claimed that 86 percent of the electorate went to
the polls, although the actual figure was believed to be much
lower. Under Egypt's electoral system, the electorate was not
presented with a choice among competing presidential
candidates; it was offered the opportunity only to vote for or
against Mubarak's reelection. Two opposition parties, the Wafd
and the Islamist-affiliated Socialist Labor Party, urged the
public to boycott the referendum, and two other parties, the
leftist Tagammu and the Nasserist, urged the public to vote
against Mubarak. The other opposition parties endorsed
Mubarak's candidacy.
In the 1990 People's Assembly election, NDP candidates won 383
seats of 444 elected, independents won 55, and a leftist party
won 6. Seven opposition parties boycotted the election.
Women and Copts generally do not hold positions of senior
leadership in the Government or political parties. The
Constitution reserves 10 Assembly seats for presidential
appointees, which assures some representation for Copts and
women. Ten women hold Assembly seats: seven elected and three
appointed. Five Copts sit in the Assembly: one elected and
four appointed.
The Assembly debates government proposals, and members exercise
their authority to call Cabinet ministers to explain policy,
but the legislature does not have sufficient authority to
challenge or restrain the executive. Many executive branch
initiatives and policies are carried out by ministerial decree
without significant legislative oversight.
Presidential appointments do not require legislative approval;
the executive initiates almost all legislation; the Assembly
may not modify the budget except with the Government's
approval; and there is little oversight of the Interior
Ministry's use of Emergency Law powers. The military budget is
prepared by the executive and not debated publicly. Roll-call
votes in the Assembly are rare. Votes are generally reported
in aggregate terms of yea's and nay's, and thus constituents
have no independent method of checking a member's voting record.
There are 12 recognized opposition parties. New parties must
be approved by the Parties Committee, a semiofficial body
dominated by the ruling National Democratic Party. To form a
party without a license is a felony. In 1993 the Committee did
not grant registration to any new political party. However, in
June an administrative court ordered the Committee to issue a
license to the Social Justice Party. A court also reinstated
the former leadership of the Young Egypt Party. In January a
court upheld the ban on the Awakening Party, claiming the
party's program includes soliciting funds outside Egypt, an
activity prohibited by law.
The law prohibits political parties based on religion.
Nevertheless, Muslim Brotherhood partisans are active. Some
have served in the Assembly as independents or members of other
recognized parties.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no officially recognized local human rights
organizations. The Government refuses to license them as
"private organizations" (see Section 2.b.) on the grounds that
they are political organizations. Nevertheless, the Egyptian
Organization for Human Rights (EOHR) and the associated Arab
Organization for Human Rights (AOHR) operate openly. EOHR's
field workers visit prisons and call on government offices.
Both the EOHR and AOHR have challenged the ruling on their
legal status in the courts. In 1993 the Government did not
interfere with EOHR's relocation to larger offices in Cairo and
did not interfere with its receiving money from abroad.
In February an EOHR official was stopped and questioned by
security forces while accompanying a representative from the
U.S.-based Middle East Watch (MEW) on a fact-finding mission in
southern Egypt. In August the Ministry of Interior prevented
EOHR officials from holding meetings in several southern
Egyptian towns.
In May Amnesty International released a report on human rights
abuses related to the Government's antiterrorist campaign. The
Government issued an official response asserting that terrorism
requires the imposition of emergency laws; that cases of abuse
occur in Egypt, but they are few and should not obscure Egypt's
record of respect for human rights; and that the human rights
record of any country should not be based on exceptional cases
but on a comprehensive study of the country's social, cultural,
political realities.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
Egyptian law provides for equality of the sexes, but aspects of
the law and many traditional practices discriminate against
women. Under Egyptian law, only males can transmit Egyptian
citizenship. In rare cases, this means that children born to
Egyptian mothers and stateless fathers are themselves stateless.
Laws affecting marriage and personal status generally
correspond to an individual's religion, which for most
Egyptians is Islam. A 1979 liberalization of the family status
law strengthened a Muslim woman's rights to divorce and to
child custody, but in 1985 the changes were found
unconstitutional on grounds they conflicted with Islamic law
and were repealed. Under Islamic law, non-Muslim males must
convert to Islam to marry Muslim women, but non-Muslim women
need not convert to marry Muslim men. Muslim female heirs
receive half the amount of a male heir's inheritance, while
Christian widows of Muslims have no inheritance rights. A sole
female heir receives half her parents' estate; the balance goes
to designated male relatives. A sole male heir inherits all
his parents' property. Male Muslim heirs have the duty to
provide for all family members who need assistance.
Egyptian women have employment opportunities in government,
medicine, law, academia, the arts, and, to a lesser degree, in
business. About 100 officers in the Egyptian diplomatic
service are women, including 3 ambassadors. Social pressure
against women pursuing a career remains strong, however, and
some Egyptian feminists say that a resurgent Islamic
fundamentalist trend limits further gains. Women's rights
advocates also point to other discriminatory attitudes and
practices such as female circumcision and the male relative's
role in enforcing women's compliance with religiously
prescribed codes of sexual conduct. In 1993 Fatma Abdul Raouf
was denied employment as a magistrate in a public prosecutor's
office, the first step in Egypt to becoming a judge, because
she is a woman. She is currently suing the Ministry of Justice
for sex discrimination. There are no women judges in Egypt.
Family violence against women does occur, but its extent is
unknown. Abuse within the family is seldom discussed publicly,
owing to the value attached to personal privacy in this
traditional society.
There are at least two active women's rights groups, one
affiliated with EOHR. The other is the Communications Group
for the Enhancement of the Status of Women, which has published
a booklet on the legal rights of Egyptian women.
Children
The Government is committed to the protection of children's
welfare. According to law, public education is compulsory
until age 12, and the employment, or job training, of children
under age 12 is prohibited. For many years, the Government has
operated a "reading for all program" which seeks to bring
literacy to older children and adults. The Government has also
employed the media to promote children's education and
welfare. Examples include Egypt's annual international
children's film festival and television programming aimed at
children's education. However, despite the Government's
commitment to children's welfare, child labor is a widespread
problem. Moreover, much of the resources for children's
welfare are provided by international aid donors, especially in
the fields of education and child immunization programs.
Female genital mutilation (excision), which international
health experts have condemned as damaging to both physical and
mental health, occurs--predominantly in rural areas--but there
are few reliable statistics on its extent. Excision and the
more drastic infibulation are practiced in some parts of upper
Egypt. Female excision is not illegal, but doctors are
prohibited from performing it in government hospitals.
Religious Minorities
The approximately 5 million Coptic Christians are broadly
discriminated against by the Government and are also the
objects of violent assaults by terrorists.
Government discriminatory practices include delays in issuing
church building and repair permits; the detention and
mistreatment of some Muslim converts to Christianity; laws that
prevent Muslims from changing their identity papers to reflect
their conversion to Christianity (see Section 2.c.);
anti-Christian discrimination in education embodied in a
requirement that all public school students memorize Koranic
verses as part of their Arabic studies; a ban on the hiring of
Christian Arabic teachers in public schools since the
curriculum involves study of the Koran; the production of
Islamic television programs, some with anti-Christian themes;
job discrimination in the police, the armed forces, and
government agencies; reported anti-Christian discrimination in
admission to state medical schools; and underrepresentation in
government. There are no Coptic governors and few Copts in the
upper ranks of the military, police, and diplomatic service.
In addition to the murders of Copts by terrorists described in
Section 1.a., terrorists attempted to murder a Coptic novelist,
Shehata Guirgis, in Assiyut in April. The area of Dairut,
Assiyut Governorate, the scene of a massacre of 13 Coptic
residents in May 1992, is reportedly still tense as Coptic
residents fear for their safety outside their homes. Islamists
have obstructed church repairs and construction and harassed
Copt-owned businesses. Christians have complained that the
Government has been lax in protecting Coptic lives and
property. Security forces arrest terrorists who perpetrate
violence against Copts, but the Government does not always
prevent attacks and does little to correct nonviolent forms of
discrimination, including its own.
Several times in 1993 Minister of Education Hassan Kamel Behei
Eddine stated publicly that religious intolerance has become
more pronounced in the public school system. In March the
Minister expelled four female secondary school students for
playing an audio cassette tape in their classroom which
reportedly contained anti-Christian remarks. Although the
students were reinstated 2 weeks later, their expulsions
sparked antigovernment and anti-Christian demonstrations in
their home town. In the disturbances, at least 52 persons were
hurt, and petroleum bombs were thrown at a local church.
People with Disabilities
The Government makes serious efforts to address the rights of
the disabled. It works closely with United Nations agencies
and other international aid donors to design job training
programs for the disabled. The Government also seeks to
increase the public's awareness of the capabilities of the
disabled in television programming, the print media, and in
educational material in the public schools. Although there is
no known legislation for access to public accommodations, the
disabled are provided with preferred seating on government-
owned mass transit buses.
Section 6 Worker Rights
a. The Right of Association
Egyptian workers may, but are not required to, join trade
unions. A union local, or worker's committee, may be formed if
50 employees express a desire to organize. Most union members,
about 25 percent of the labor force, are employed by
state-owned enterprises. The law stipulates that "high
administrative" officials in government and the public sector
may not join unions.
There are 23 industrial unions, all required to belong to the
Egyptian Trade Union Federation (ETUF), the sole legally
recognized labor federation. A 1993 critique by the Egyptian
Organization for Human Rights (EOHR) noted that the labor union
law of 1976 impinges on worker rights in the following ways:
The law defines which trade unions may be established, the
manner in which they are to be organized, and their aims; it
also prohibits the establishment of more than one trade union
federation; the Government may disapprove or revoke the charter
of any trade union, thus rendering it an illegal organization;
with court approval, the Minister of Labor has authority to
dissolve the national governing board of a trade union; the law
does not define under what circumstances the national governing
board of a trade union may dissolve the board of an affiliated
union local. Moreover, only one union is allowed per
workplace.
The International Labor Organization's Committee of Experts
(COE), which has long noted these same defects, urged the
Government in 1993 to guarantee to all workers the right to
establish trade union organizations outside the existing trade
union structure, to recognize the right of workers'
organizations to elect their representatives in full freedom
and to administer the finances of their activities without
interference by the public authorities, and to remove
restrictions on the right to strike.
The Government has shown no sign that it intends to accept the
establishment of more than one federation. The ETUF leadership
asserts that it actively promotes worker interests and that
there is no need for another federation. The ETUF is nominally
independent of the Government, but ETUF officials have close
relations with the ruling NDP, and some are members of the
People's Assembly and the Shura Council. They speak vigorously
on behalf of worker concerns, but public confrontations between
ETUF and the Government are rare. Disputes are more often
resolved by consensus behind closed doors.
Even though the right to strike is not guaranteed, strikes do
occur. The Government considers strikes a form of public
disturbance and hence illegal. Strikes occurring in 1993 were
brief and isolated.
Some unions within the ETUF have affiliated with international
trade union organizations, and others are in the process of
doing so.
b. The Right to Organize and Bargain Collectively
Under the current law, unions may negotiate work contracts with
public sector enterprises if the latter agree to such
negotiations, but unions otherwise lack collective bargaining
power in the state sector. Under current circumstances,
collective bargaining does not exist in any meaningful sense
because the Government sets wages, benefits, and job
classifications by law. Larger firms in the private sector
generally adhere to such government-mandated standards.
Labor law and practice are the same in the export processing
zones as in the rest of the country.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is illegal and not practiced. There
are no known instances of domestic or foreign workers forced to
remain in situations amounting to coerced or forced labor.
d. Minimum Age for Employment of Children
The minimum age for employment is 12. Education is compulsory
until age 15. An employee must be at least 15 to join a labor
union. The Labor Law of 1981 states that children 12 to 15 may
work 6 hours a day but not after 7 p.m. and not in dangerous or
heavy activities. Child workers must obtain medical
certificates and work permits before they are employed. A 1989
study estimated that two-thirds of working children, perhaps
720,000 children, work on farms.
However, children also work as apprentices in repair and craft
shops and as workers in heavier industries such as brickmaking
and textiles. It is difficult to verify how closely the
Ministry of Labor enforces child labor laws, especially in
family-owned enterprises.
e. Acceptable Conditions of Work
For government and public sector employees, the statutory
monthly minimum wage is $11.40 (38 Egyptian pounds) for
vocational school graduates and $14.40 (48 pounds) for
university graduates (for a legally maximum workweek of 6 days,
48 hours). The minimum wage has not been adjusted since the
early 1980's. Like the base pay rates in the public sector,
the minimum wage is supplemented by a complex system of fringe
benefits and yearly bonuses. These additions may triple the
worker's take-home pay. The minimum wage is also legally
binding on the private sector, and larger private companies
generally observe the requirement and pay bonuses as well.
Smaller firms do not always pay the minimum wage or bonuses.
The Ministry of Labor sets worker health and safety standards,
which also apply in the export processing zones, but
enforcement and inspection are uneven. Under the current labor
law, workers may decline dangerous work assignments without
jeopardy to their employment. The law also requires employers
to provide regular medical examinations to employees in
hazardous occupations.
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