Title: Egypt Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
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EGYPT
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According to its constitution, Egypt is a social democracy in which
Islam is the state religion. The psident, Hosni Mubarak, was
reelected unopposed to a third 6-year term by the People's Assembly in
1993. The psident appoints the Cabinet, which is responsible to him.
His party, the National Democratic Party (NDP), has governed since its
establishment in 1978. It commands large majorities in the popularly
elected People's Assembly and the partially elected Shura (Consultative)
Council. Elections for the People's Assembly were held in November.
The Government reported that 50 percent of registered voters turned out
to vote for over 4,000 candidates vying for 444 seats. The NDP won 71
percent of the seats, independents 25 percent, and opposition parties
2.9 percent.
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< p>There are several security services in the Ministry of Interior, two of
which are primarily involved in combating terrorism: the State Security
Investigations Sector (SSIS), 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 terrorists. Some members of the
security forces committed serious human rights abuses. Terrorists
committed numerous serious human rights abuses.
p>
< p>Egypt is slowly moving from a command economy to a free market system.
Manufacturing is still dominated by the public sector while agriculture,
the single largest employer, is almost entirely in private hands.
Remittances from approximately 2 million Egyptians working abroad are
the largest source of foreign currency earnings, followed by petroleum
and tourism. In the past 5 years, the Government has enacted
significant economic reforms, which have reduced the budget deficit,
stabilized the exchange rate, reduced inflation and interest rates, and
built up substantial reserves.
p>
< p>The Government generally respects many human rights, but others are
restricted by the continuing imposition of the emergency law. The
ruling NDP dominates the political scene to such an extent that the
people do not have a meaningful ability to change their government.
p>
< p>The security forces and terrorist groups remained locked in a cycle of
violence. In fighting the terrorists, the security forces mistreated
and tortured prisoners, held detainees in prolonged ptrial detention,
and allegedly committed extrajudicial killings. They occasionally
undertook mass arrests. Aside from the antiterrorist campaign, the
local police have abused common criminal suspects. The Government
prosecuted police officers accused of abusing detainees, but did not
pursue most cases or seek adequate punishments. Prison conditions are
poor.
p>
< p>The use of military courts to try civilians continues to infringe on a
defendant's right to a fair trial before an independent judiciary. For
the first time since the mid-1960's, the Government tried members of the
Muslim Brotherhood in military courts on charges of illegal political
activities. These trials expanded the jurisdiction of the military
courts beyond terrorism-related offenses. Although citizens generally
ex pss themselves freely, the Government continues to restrict freedom
of the pss. State security officers detained journalists for
publishing articles critical of the Government, as well as several
lawyers of accused terrorists for allegedly engaging in illegal
activities. In many of these cases the detention appeared to be a form
of government harassment.
p>
< p>The Government restricts freedom of assembly and association, and does
not legally recognize local human rights groups. However, these groups
are allowed to operate openly.
p>
< p>Women and Christians face discrimination based on tradition and some
aspects of the law. Violence against women and children is a problem.
Female genital mutilation continues to be wides pad, despite government
efforts to educate the public against it. The Government does not
prohibit the mutilation, but has implemented new restrictions to curb
its practice.
p>
< p>Terrorist groups, seeking to overthrow the Government and establish an
Islamic state, continued their attacks on police, Coptic Christians, and
tourists. In June Egyptian terrorists attempted to assassinate
psident Mubarak in Ethiopia. Terrorists were responsible for the vast
majority of civilian deaths.
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< p>RESPECT FOR HUMAN RIGHTS
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< p>Section 1 Respect for the Integrity of the Person, Including Freedom
from:
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< p> a. Political and Other Extrajudicial Killing
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< p>There were no reports of political killings. There were several
credible reports, however, that security forces were involved in what
amounted to extrajudicial killings, because they allegedly were issued
shoot-to-kill orders in certain antiterrorist operations.
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< p>According to the Government, 71 prisoners died in custody in 1995,
compared to 82 such deaths in 1994 and 97 deaths in 1993. Thirteen of
the deaths occurred at the New Valley Prison which began receiving
prisoners in February. The prison is located in a remote desert area
and houses suspected and convicted terrorists. Authorities stated that
the 13 inmates died of natural causes or as the result of hunger
strikes. Human rights groups, family members, and defense lawyers
alleged that at least some of the deaths were the result of torture and
denial of food, water, and medical treatment. As evidence, they pointed
to the prisoners' accounts of torture and the failure of prison
authorities to provide a report on the cause of death. Authorities
reportedly denied family members permission to view the bodies of their
relatives. While denying charges of intentional mistreatment of
prisoners, the Government stated that during a surprise inspection of
the New Valley Prison in June, inspectors found that the medical
facilities were deficient and ordered them brought up to standard.
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< p>Other deaths in custody occurred in Istikbal Torah Prison and Abu Zaabal
Prison. Government investigations concluded that the prisoners in those
cases died of natural causes.
p>
< p>In the case of Islamist lawyer Abdel Harith Madani, who died in police
custody in April 1994, the Government stated that it had completed the
investigation into his death but declined to publicize the results.
p>
< p>In antiterrorist operations, the security forces killed approximately
181 suspected terrorists, some of them by the excessive use of lethal
force. Three civilian bystanders were killed inadvertently by security
forces. Five suspects died while attempting to escape arrest.
Civilians killed two suspected terrorists, as well as six relatives of
suspected extremists in apparent vendettas.
p>
< p>Terrorist groups were responsible for the majority of the deaths in
civil unrest. They killed approximately 200 people, compared to 141 in
1994. This total included approximately 107 police and security
officers, as well as 89 civilians. Terrorists appeared to have
increased their attacks on Christians, killing at least 30, including 6
in Minya Governorate in September. They also attacked churches and
other properties owned by Christians. In June Egyptian terrorists
attempted to assassinate psident Mubarak while he was on a visit to
Ethiopia. The psident was unhurt in the attack, but his bodyguards
and Ethiopian security forces returned fire killing several assailants.
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< p> b. Disappearance
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< p>There were no reports of politically motivated disappearances.
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< p>Of the 11 individuals that local human rights groups claimed had
disappeared in 1994, 6 have since been located in detention facilities,
but 5 remain missing. The Government has not responded to queries from
human rights monitors regarding the 5 outstanding cases.
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< p>There were no developments in the case of Mansur Kikhya, a former Libyan
foreign minister under Colonel Al-Qadhafi and a prominent exiled
dissident, who disappeared in Cairo in 1993. Observers believe that
Libyan agents abducted Kikhya. His whereabouts are unknown.
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< p> c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
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< p>The Constitution prohibits the infliction of "physical or moral harm"
upon persons who have been arrested or detained. However, there is
convincing evidence that some police and security officers, as well as
prison guards, routinely abuse and torture detainees.
p>
< p>Under the Penal Code, torture with the intent of obtaining a confession
is punishable by 3 to 5 years imprisonment or hard labor, or execution
if the torture results in the death of the victim. The mistreatment of
a detainee falling short of torture is punishable by 1 year's
imprisonment or a fine of $65. In addition, victims may bring a
criminal or civil action for compensation against the responsible
government agency. There is no statute of limitations in such cases.
p>
< p>Despite these legal safeguards, there were numerous credible reports of
mistreatment and torture. Police officials said that in some districts
confessions in criminal cases were coerced because the courts rely
heavily on confessions and eyewitness accounts.
p>
< p>While the Government has investigated torture complaints in criminal
cases and punished some offending officers, the punishments are not
necessarily in line with the seriousness of the offense. In May the
Minister of Interior stated that authorities investigated over 150
officers in the pvious year on charges of torture and harsh treatment
of citizens. Of those who were convicted, some were sentenced to
prison, while others received administrative punishments. The
Government has said that it will not disclose further details of
individual cases of police abuse for fear of harming the morale of law
enforcement officers waging the ongoing war against terrorists.
p>
< p>Officers of the SSIS allegedly are responsible for most of the torture
of suspected terrorists. Torture has reportedly taken place in police
stations; SSIS offices, including its headquarters in Cairo; and at
Central Security Force camps. Torture is used to extract information,
coerce the victims to end their antigovernment activities, and deter
others from such activities. Torture victims usually are taken to a
SSIS office where they are handcuffed, blindfolded, and questioned about
their associations, religious beliefs, and political views.
p>
< p>Written records of detainees' whereabouts are not kept while in the
custody of the state security police. The absence of such a record in
the early days of detention invites abuse and effectively blocks the
investigation of torture complaints. Records are maintained only after
security forces deliver the detainee to a prison. The security forces
also 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.
p>
< p>Victims have reported the following torture methods: detainees are
frequently stripped to their underwear; hung by their wrists with their
feet touching the floor 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, including
female detainees, report that they have been threatened with rape.
p>
< p>In late 1994, public prosecutors charged a policeman with torture,
unlawful detention, illegal entry, and excessive use of force in the
case of Fateh Al-Bab Abdel Moneim who died in police custody in 1994.
At year's end, the case was pending before the South Cairo Criminal
Court.
p>
< p>In early 1995, a local human rights group reported that Gamal EL-Shazly
had been tortured on December 27, 1994, in a police station in Manshayit
Nasser, a small town in southern Egypt. A re psentative from the group
reportedly examined El-Shazly and found burns on his head and back. He
notified the public prosecutor's office, which began an investigation.
p>
< p>Information came to light during the year that in 1994 Saber Ahmed
Mahmoud was beaten to death by four policemen. The Government later
indicted the policemen, who were convicted, sentenced to 6 months'
imprisonment, and ordered to make a small compensation payment to the
victim's heirs. In their appeal, the defendants argued that the victim
died from a pexisting medical condition. The prosecutor dropped
homicide charges and recharged the defendants with excessive use of
force. The court confirmed the convictions on the lesser charge and
upheld the 6-month prison sentences.
p>
< p>In April a court sentenced one police officer to 1 year in prison, two
officers to 3 months, and acquitted two others in the 1994 death of
Sayyed Hassan Fetouh Eleiwa. In November a court sentenced two police
officers to 5 years at hard labor for the 1994 death of Hassan Salah
Sayyed.
p>
< p>State prosecutors ruled the 1994 death in custody of Eissa Taher Soliman
a suicide and at year's end were still reviewing the 1994 death in
custody of Amre Mohamed Safwat. There were no new developments in the
case of Mohammed Abdel Hamid Hassan, who reportedly died in police
custody in 1994. State prosecutors also closed the books on the
following deaths in custody on grounds that the perpetrators could not
be identified: Mohamed Abdel Hamid Hassan, Effat Mohamed Ali Wali, El-
Mohammadi Mohamed Mohamed Mursi, and Mohamed Gomaa Abdel Sayyed El-
Sudani.
p>
< p>The completion of five new prisons has helped relieve pssure on the
congested prison system. Nevertheless, overcrowding and unhealthy
prison conditions are common. Prisoners have claimed that their cells
are poorly ventilated, food is inadequate in quantity and nutritional
value, and medical services were not always available. There were at
least 71 reported deaths of persons in police custody (see Section
1.a.).
p>
< p>Prisoners at two high security prisons, the New Valley Prison and Torah
Prison, reported receiving a form of physical and psychological abuse
upon their arrival at prison known as a "reception party." Under the
supervision of a prison official and doctor, guards reportedly beat new
arrivals for 30 minutes with fists and heavy plastic sticks. The
inmates are then forced to crawl to their cells on their hands and
knees. Other prisoners allege that they have been stripped to their
underwear, forced to stand for prolonged periods in cold water, burnt
with cigarettes, and subjected to electric shocks. Some claim that they
have been threatened with rape or the rape of their relatives.
p>
< p>The Ministry of Interior continued to ban visits by relatives and
lawyers at Al-Aqrab Prison and Torah Istiqbal Prison, despite court
orders annulling the bans. The bans have been in effect since December
1993 and September 1994, respectively. The Ministry justifies the bans
as necessary to pvent cooperation between prisoners and terrorists
still at large.
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< p> d. Arbitrary Arrest, Detention, or Exile
p>
< p>As part of the Government's antiterrorist campaign, security forces
conducted mass arrests and detained thousands of individuals without
charge. These arrests were authorized under the provisions of the
Emergency Law, which has been in effect since 1981. Under this law, the
police may obtain an arrest warrant from the Ministry of Interior upon
showing that an individual poses a danger to security and public order.
This procedure nullifies the constitutional requirement of obtaining a
warrant from a judge or prosecutor upon showing that an individual has
likely committed a specific crime.
p>
< p>The Emergency Law allows authorities to detain an individual without
charge. After 30 days, a detainee has the right to demand a court
hearing to challenge the legality of the detention order, and may
resubmit his motion for a hearing at 1-month intervals thereafter.
There is no maximum limit to the length of detention if the judge
continues to uphold the legality of the detention order, or if the
detainee fails to exercise his right to a hearing.
p>
< p>Acting under the Emergency Law, security forces detained thousands of
individuals suspected of having information about illegal organizations.
In most cases, the individuals were released after several days, but in
other instances, they were not released until after extended periods in
detention.
p>
< p>In January security forces conducted a large operation in the southern
province of Minya, detaining over 3,000 young men on suspicion of having
ties with the Islamic Group, a terrorist organization, or for failing to
provide information about the Group. Almost all of the detainees were
released by March without charges having been brought against them.
p>
< p>From October 1994 to early 1995, the Government maintained a dusk-to-
dawn curfew on Mallawi and several surrounding villages in Minya
province. The Government stated that the curfew was necessary to
maintain order and protect citizens from attacks by extremists.
p>
< p>Human rights groups reported that nearly 200 persons detained under the
Emergency Law have been incarcerated for several years without charge.
The courts have ordered the release of several of these detainees, but
prison officials have reportedly ignored the orders. Frequently, the
Ministry of Interior reissues detention orders, sending detainees back
to prison.
p>
< p>From January through September, security forces detained over 300
members of the Muslim Brotherhood on suspicion of engaging in illegal
political activities. The Brotherhood is an outlawed Islamist
organization. The Political Parties Law of 1977 prohibits the
establishment of political parties based on religion. The Government
referred 82 of these Muslim Brotherhood detainees to trial in a military
court on charges of membership in an illegal organization, maintaining
links to terrorists, and plotting to overthrow the Government (see
Section 1.e.). Several other detainees were released, but the remainder
are still being held for investigation.
p>
< p>In addition to the Emergency Law, the Penal Code also gives the State
wide detention powers. Under the Penal Code prosecutors must bring
charges within 48 hours or release the suspect. However, they may
detain a suspect for a maximum of 6 months, pending investigation.
Arrests under the Penal Code occur openly and with warrants issued by a
district prosecutor or judge. There is a system of bail. The Penal
Code contains several provisions to combat extremist violence. These
provisions broadly define terrorism to include the acts of "s pading
panic" and "obstructing the work of authorities."
p>
< p>In January the Government released Adel Hussein, Secretary General of
the Socialist Labor Party, who was detained for questioning in December
1994 concerning extremist publications allegedly found in his possession
upon his return from a trip abroad. No charges were filed.
p>
< p>In February the widow of Abdel Harith Al-Madani, a lawyer who died in
custody under suspicious circumstances in 1994, was detained for 1 or 2
days. The detention came after an international human rights group
published a report in which she alleged that the Government had harassed
her and her family after the death of her husband. After her release,
Mrs. Al-Madani declined to make further public comments on her husband's
death. Government-controlled newspapers reported subsequently that she
had denounced the human rights report and had denied that she had been
detained.
p>
< p>Official sources report the total prison population at approximately
33,000. Of these, 150 are convicted terrorists; 2,500 to 4,000 are
suspected terrorists either charged and awaiting trial, or not charged
and awaiting the results of investigations. By contrast, a local human
rights group estimates that approximately 15,000 suspected terrorists
are in detention. This estimate does do not include the undetermined
number of detainees who have not been officially registered in the
prison system (see Section 1.c.).
p>
< p> e. Denial of Fair Public Trial
p>
< p>The judiciary is independent and generally is credited with conducting
fair trials. However, under the Emergency Law, cases involving
terrorism and national security may be tried in military or State
Security Courts, in which the accused do not receive all the
Constitutional guarantees of the judicial system.
p>
< p>There are three levels of regular criminal courts: primary courts,
appeals courts, and the Court of Cassation, the final stage of criminal
appeal. The judicial system is based on the Napoleonic tradition; hence
there are no juries. Criminal cases are heard by panels of three
judges. Most trials are public, as required by the Constitution.
Defendants are entitled to the psumption of innocence under the
Constitution, and have the right to be psent at trial, consult with a
lawyer in a timely way and at public expense if needed, psent
witnesses and evidence, and review government-held evidence.
p>
< p>The Constitution provides for the independence and immunity of judges,
and forbids interference by other authorities in the exercise of their
judicial functions. The psident appoints all judges upon
recommendation of the Higher Judicial Council, a constitutional body
composed of senior judges, lawyers, and law professors, and chaired by
the psident of the Court of Cassation. The Council regulates judicial
promotions, salaries, transfers, and disciplinary actions.
p>
< p>Defense lawyers generally agree that the regular judiciary respects the
rights of the accused and exercises its independence. In the past,
criminal court judges have dismissed cases where confessions were
obtained by coercion.
p>
< p>The Constitution provides detainees with the right to counsel, at state
expense if necessary. In practice, most suspects are able to take
advantage of this guarantee. The Egyptian Lawyers Syndicate provides
free counsel to indigent defendants. However, detainees in certain
high-security prisons alleged that they were denied access to counsel or
such access was delayed until trial, thus denying counsel the time to
ppare an adequate defense.
p>
< p>Human rights groups and defense lawyers have claimed that the Government
has intimidated lawyers re psenting terrorist suspects by detaining and
questioning them on the activities of their clients. On one occasion in
1995, a human rights lawyer was detained and interrogated for 2 days by
state security following his visit to the family of a detainee in
Assiyut. The Government contends that some defense lawyers are
suspected of collaborating in terrorist groups and that therefore the
detention is legal.
p>
< p>The use of military and state security tribunals under the Emergency Law
has deprived hundreds of civilian defendants of their constitutional
right to be tried by an "ordinary judge." In 1992, with extremist
violence on the rise, the Government began trying cases of persons
accused of terrorism and membership in terrorist groups before military
tribunals. In 1993 the Su pme Constitutional Court ruled that the
psident may invoke the Emergency Law to refer any crime to a military
court.
p>
< p>From December 1994 to December 1995, the Government referred
approximately 143 civilian defendants to the military courts. Of these,
61 were charged in three separate cases with committing or conspiring to
commit terrorist acts. The courts sentenced 4 defendants to death, 41
to prison, and acquitted 16.
p>
< p>In September the Government referred 49 members of the Muslim
Brotherhood to a military court to stand trial on charges of engaging in
illegal political activities, including contacts with terrorist groups.
The defendants were not charged with any specific terrorist acts. The
trials mark the first time since the mid-1960's that the Government has
tried civilian defendants in a military court on political charges. In
October the Government referred an additional 33 individuals, most of
them Muslim Brotherhood members, to a military court on similar charges.
The court handed down verdicts in both cases in November. It convicted
54 defendants, acquitted 27, and ordered the closing of the
Brotherhood's headquarters office in Cairo. The court sentenced five
prominent defendants to 5 years of hard labor. They are: Dr. Essam El-
Erian, a former member of the People's Assembly and an official in the
Egyptian Doctor's Syndicate; Mohammed El-Sayed Habib, a former member of
the People's Assembly and psident of the Assiyut University Faculty
Club; Abdel Moneim Abul Futuh, secretary general of the Arab Doctors'
Federation; Mohammed Khairat El-Shater, chairman of the board of El-
Mohandes Bank; and El-Sayed Mahmoud Ezzat, a professor of medicine at
Zagzig University. Forty-nine other defendants received 3-year
sentences.
p>
< p>Defense lawyers walked out of the first trial, claiming that the trial
of civilians by a military court was unconstitutional. They
subsequently filed a petition with the Su pme Constitutional Court
challenging the military court's jurisdiction. As of late December, the
Su pme Court had not ruled on this petition. Meanwhile, the military
court appointed other lawyers to replace those who walked out. A local
human rights group that sent observers to the trials and interviewed
defense lawyers stated that the lawyers lacked sufficient time to
ppare their cases and were denied the opportunity to question key
government witnesses thoroughly.
p>
< p>The Government defends the use of military courts as necessary in
terrorism cases, maintaining that trials in the civilian courts are
protracted, and civilian judges and their families are vulnerable to
terrorist threats. Some civilian judges have confirmed their fear of
trying high visibility terrorism cases because of possible reprisal.
The Government claims that civilian defendants receive fair trials in
the military courts and enjoy the same rights as defendants in civilian
courts.
p>
< p>However, the military courts do not guarantee civilian defendants due
process before an independent tribunal. While military judges are
lawyers, they are also military officers appointed by the Minister of
Defense and subject to military discipline. They are not independent or
as qualified as civilian judges in applying the civilian penal code.
There is no appellate process for verdicts issued by military courts;
instead, verdicts are subject to a review by other military judges and
confirmed by the psident, who in practice usually delegates the review
function to a senior military officer. Defense attorneys have
complained that they have not been given sufficient time to ppare
defenses and that judges tend to rush cases with many defendants.
p>
< p>The State Security Courts share jurisdiction with military courts over
crimes affecting national security. The psident appoints judges to
these courts from the civilian judiciary upon the recommendation of the
Minister of Justice and, if he chooses to appoint military judges, the
Minister of Defense. Verdicts cannot be appealed; sentences are subject
to confirmation by the psident. The psident may alter or annul a
decision of a State Security Court, including a decision to release a
defendant. In 1995 State Security Courts tried at least 20 cases
involving over 120 defendants charged with terrorist acts.
p>
< p>There are no reliable statistics on the number of political prisoners.
p>
< p> f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
p>
< p>The Emergency Law has abridged the constitutional provisions regarding
the right to privacy. Under the Constitution, homes, correspondence,
telephone calls, and other means of communication "shall have their own
sanctity, and their secrecy shall be guaranteed." Police must obtain
warrants before undertaking searches and wiretaps. 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.
p>
< p>The Emergency Law empowers the Government to place wiretaps, intercept
mail and search persons or places without warrants. Security agencies
frequently place political activists, suspected subversives,
journalists, foreigners, and writers under surveillance, screen their
correspondence (especially international mail), search them and their
homes, and confiscate personal property.
p>
< p>According to pss reports and a local human rights group, in January
security forces in Minya Province demolished the homes of 17 individuals
who were suspected of membership in terrorist groups. The Government
confirms that the demolitions took place, but maintains that they were
not authorized. There were no further reports of similar demolitions.
p>
< p>Section 2 Respect for Civil Liberties, Including:
p>
< p> a. Freedom of Speech and pss
p>
< p>The Constitution provides for freedom of speech and the pss. Citizens
openly speak their views on a wide range of political and social issues,
including vigorous criticism of the Government.
p>
< p>
There are significant limitations on freedom of the pss.
p>
< p>The Government owns most major daily newspapers and the psident
appoints their editors-in-chief. Although these papers generally follow
the government line, they frequently criticize government policies.
p>
< p>Opposition political parties publish their own papers but receive a
subsidy from the Government and, in some cases, subsidies from foreign
interests as well. Most are weeklies, with the exception of the
centrist daily "Al-Wafd" and "Al-Shaab," the semi-weekly of the
Islamist-oriented Social Labor Party All have small circulations.
Opposition newspapers frequently publish tough criticism of the
Government, inspiring rejoinders from the government-owned pss. They
also give greater prominence to human rights abuses than the state-run
newspapers. All party newspapers are required by law to reflect the
platform of their party. Some papers have been called to account when
they have deviated from their party line.
p>
< p>The pss Law stipulates fines or imprisonment for criticism of the
psident or a foreign head of state. In recent years, opposition party
newspapers have, within limits, published articles critical of the
psident and foreign heads of state without being charged or harassed.
p>
< p>Libel laws provide normal protection against malicious rumor mongering
and unsubstantiated reporting. However, the penalties are so minimal
and the judicial process so long and costly that individuals or
officials who are wrongly defamed have no realistic legal recourse.
This has given some opposition, and even government-controlled,
newspapers license to publish rumors. On several occasions in 1995, the
Government detained and interrogated several editors and journalists for
publishing allegations of official misconduct and corruption. They were
released within several hours.
p>
< p>In June the Government obtained quick passage in the People's Assembly
of legislation to stiffen penalties for criminal libel and broaden its
definition. The Government introduced the amendments during an evening
session without prior consultation with the Assembly. Passage was
achieved after 2 hours of debate. The change allows the police to
detain offending editors or journalists under normal criminal
procedures. However, the vagueness of the definition of criminal libel
imposes severe limitations on pss freedom. The new law makes it a
crime to publish news that may lead to "public panic," or "harms
national interests," or "ridicules state institutions or the officials
governing those institutions."
p>
< p>Opposition to the new law was led by the pss Syndicate, which is
dominated by the ruling party. The Syndicate declared its "outrage" and
unsuccessfully urged the psident not to sign the measure into law. In
response to this opposition, the Government stated that it would suspend
the implementation of the law, pending a review by a committee of
interested parties. Nonetheless, in September security forces detained
and the prosecutor charged with libel under the new law the editor-in-
chief of Al-Shaab, the Labor Party's newspaper, in connection with an
article critical of a cabinet minister's son. In December a journalist
and his editor at the opposition paper Al-Ahali were sentenced by a
criminal court to two year's imprisonment and fines of approximately US$
15,000 for an article about a police raid.
p>
< p>Various ministries are authorized to ban or confiscate books and other
works of art upon obtaining a court order. In addition, the Ministry of
Interior regularly confiscates leaflets and other works by Muslim
fundamentalists. During the year, the Ministry pvented the public
sale of audio cassette tapes by fundamentalist imams whose pachings
were extreme and in some cases advocated violence against non-Muslims,
apostates, and the government. The Ministry of Defense also may ban
works about sensitive security issues.
p>
< p>Plays and films must pass Ministry of Culture censorship tests as
scripts and as final productions. Many plays and films, highly critical
of the Government and its policies, are not censored. In August the
Ministry temporarily banned a play, "The Constitution, Gentlemen," when
actors began diverging from the script to make illegal satirical
references to psident Mubarak and senior government officials. The
Ministry removed the ban after obtaining a pledge from the acting troupe
to abide by the script.
p>
< p>The Ministry of Culture also censors foreign films for viewing in
theaters, but it is more lenient when the same films are released in
video cassette format. Government censors ensure that foreign films
made in Egypt portray Egypt in a favorable light. Censors review
scripts before filming, are psent during filming, and have the right
to review the film before it is sent out of Egypt.
p>
< p>The Ministry of Information owns and operates all domestic television
productions and has the right to censor foreign news publications. The
Ministry seldom exercises its right. However, the Ministry banned three
issues of the English-language weekly, "The Middle East Times," in 1995.
Those issues contained articles on allegations of human rights
violations; one article reported that security forces had detained the
widow of Abdel Harith Al-Madani (see Sections 1.a. and 1.d.).
p>
< p>The Islamic Research Institute at Al-Azhar University has legal
authority to censor, but not to confiscate, all publications dealing
with the Koran and Islamic scriptural texts. In recent years the
Institute has passed judgment on the suitability of nonreligious books
and artistic productions.
p>
< p>In January an administrative court ruled that the sole authority to
prohibit publication or distribution of books and other works of art
resides with the Ministry of Culture. This decision voided a 1994
advisory opinion by a judiciary council that had expanded Al-Azhar's
censorship authority to include visual and audio artistic works. In the
past, psident Mubarak has publicly approved Al-Azhar's censorship
role, but in 1994 he stated that the Government would not allow
confiscation of books from the market without a court order.
p>
< p>The Government does not directly restrict academic freedom at
universities. However, some university professors claim that the
Government tightened its control over universities in 1994 when a law
was passed authorizing university psidents to appoint the deans of the
various faculties. Under the pvious law, faculty deans were elected
by their peers. The Government has justified the measure as a means to
combat Islamist influence on campus.
p>
< p>As in recent years, moderate Muslims and secularist writers have found
themselves under attack by Islamic extremists. In March an appeals
court overturned a court-ordered ban on the film "The Emigrant." In
1994 a group of Islamist lawyers brought suit against the film, arguing
that it violated Islamic tenets in its portrayal of the life of the
prophet Joseph. The plaintiffs have filed a new suit against the film;
nonetheless, the film is still being shown in Egypt.
p>
< p>Hearings in the court case of Cairo University professor Nasser Abu Zeid
continued into 1996. For the last several years, Islamic fundamentalist
lawyers have asked the courts to rule that Abu Zeid is an apostate
because of his controversial views regarding the origin of the Koran,
and order him to live separately from his wife. The petitioners argued
that as an apostate, Abu Zeid should not be allowed to remain married to
a Muslim woman in a Muslim country. After a lower court threw out this
suit, an appellate court in June gave the plaintiffs standing to pursue
their suit. Jurists and secular intellectuals criticized the court's
decision as an infringement on the principle of privacy and freedom of
ex pssion. The Government has joined Abu Zeid in his appeal.
Meanwhile, Abu Zeid and his wife are residing together abroad.
p>
< p> b. Freedom of Peaceful Assembly and Association
p>
< p>Substantial restrictions on these freedoms continue. Under a 1923 law,
citizens must obtain approval from the Ministry of Interior before
holding public meetings, rallies, and protest marches. Permits are
generally granted for rallies held indoors or on university campuses.
The police broke up several political rallies in Cairo, Alexandria, and
other cities during the parliamentary election campaigns in November.
The authorities claimed that the organizers, who in most cases were
opposition party candidates or independents, lacked the requisite
permits.
p>
< p>Under Law 32 of 1964, the Ministry of Social Affairs has extensive
authority over Egyptian "associations and private foundations,"
including the right to license and dissolve them, confiscate their
properties, appoint members to their boards, and intercede in other
administrative matters. Licenses may be revoked if such organizations
engage in political or religious activities. The law authorizes the
Ministry to "merge two or more associations to achieve a similar
function," a provision that may be used to merge an undesirable
organization out of existence.
p>
< p>Since 1985 the Government has refused under Law 32 to license the
Egyptian Organization for Human Rights (EOHR) and the Arab Organization
for Human Rights (AOHR) on grounds that they are political
organizations. Nevertheless, both continue to operate openly (see
Section 4). Similarly, the request made by Amnesty International (AI)
in 1990 for legal status for its local chapter is still pending with the
Government.
p>
< p>Under 1993 legislation on professional syndicates, an association must
elect its governing board by at least 50 percent of its general
membership. Failing a quorum, a second election must be held in which
at least 33 percent of the membership votes for the board. If such a
quorum is impossible, the judiciary may appoint a caretaker board until
new elections can be set. The law was adopted to pvent well organized
minorities, specifically Islamists, from capturing or retaining the
leadership of professional syndicates. Members of these syndicates have
reported that Islamists have used such irregular electoral techniques as
physically blocking polling places, and limiting or changing the
location of polling sites.
p>
< p> c. Freedom of Religion
p>
< p>The Constitution provides for freedom of belief and the practice of
religious rites. However, there are important limitations. Most
Egyptians are Muslim, but at least 10 per cent of the population, 5.5
million people, belong to the Coptic Orthodox Church, the largest
Christian minority in the Middle East. There are other small Christian
denominations, as well as a Jewish community numbering fewer than 50.
p>
< p>For the most part, members of the non-Muslim minority worship without
harassment and maintain links with co-religionists abroad. Under the
Constitution, however, Islam is the official state religion and primary
source of legislation. Accordingly, religious practices that conflict
with Islamic law are prohibited. For example, it is a crime for non-
Muslims to proselytize. At least 5 Christians were detained in 1994 and
1995 under this law. All were released after spending several weeks in
detention.
p>
< p>Similarly, Muslims face legal problems if they convert to another faith.
Authorities have charged a few converts to Christianity under provisions
of the Penal Code which prohibit the use of religion to "ignite strife,
degrade any of the heavenly religions or harm national unity or social
peace." In other cases, authorities have charged such persons with
violating laws against falsifying documents, since Muslim converts to
Christianity sometimes attempt to change their names and religious
affiliation on their identification cards and other official
documentation to reflect their conversion. These laws were upheld in a
1980 court decision. At least four individuals were detained in late
1994 and during 1995 under these laws and released.
p>
< p>There were credible reports that State Security officers in Cairo
detained, interrogated, and in at least one case, physically abused,
several Christians and converts to Christianity in an effort to obtain
information about the identities and activities of other converts. At
least one of these cases was brought to higher authorities and is under
review.
p>
< p>An 1856 Ottoman decree still in force requires non-Muslims to obtain
what is now a psidential decree to build or repair a place of worship.
Coptic Christians maintain that they frequently have been unable to
obtain such authorization, that such permits have been delayed, or that
they have been blocked by the security forces from using the
authorizations that have been issued.
p>
< p>In January the pss reported the arrest of three Christians in
Alexandria for making unauthorized repairs to the bathroom of their
church. As a result of these restrictions, some communities have been
using private buildings and apartments for religious services. Since
1992, the situation has improved somewhat as the Government has
increased the number of building permits issued to Christian communities
to an average of more than 20 per year, compared to the average of 5
permits issued annually in the 1980's. Most permits appear to be for
the repair of existing structures and not for new construction of
churches, however. While Christian and Muslim reformers urge the
abolition of the Ottoman decree, Islamists who oppose the s pad of
Christianity in Egypt defend the building restrictions.
p>
< p>In 1994 the Alexandria government closed two buildings near the city
which had been used by Coptic Evangelical Christians since 1990 for
church activities. The Government claims that the church lacked a
building permit. Lawyers for the church point out that the closures
violated pvious court rulings upholding the right to conduct religious
services in private buildings without prior government approval. They
also pointed out that the closed buildings were located in an area where
unlicensed buildings are common. At year's end, the case remained with
an administrative court in Alexandria.
p>
< p>The Government continued to make efforts to extend legal controls to all
mosques, which by law must be licensed. The Government appoints and
pays the salaries of the imams officiating in mosques, and proposes
themes for and monitors sermons. Of the country's approximately 70,000
mosques, nearly half remain unlicensed and operate outside the control
of government authorities. In an effort to combat Islamic extremists,
the Government announced that it intended to bring 10,000 unauthorized
mosques under its control this year.
p>
< p> d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
p>
< p>Citizens and foreigners are free to travel within Egypt except in
certain military areas. Males who have not completed compulsory
military service may not travel abroad or emigrate, although this
restriction can be deferred or bypassed. Unmarried women under 21 must
have permission from their fathers to obtain passports and travel;
married women require the same permission from their husbands. Citizens
who leave the country have the right to return.
p>
< p>In May and June, the Ministry of Interior refused a request for
permission to travel by Omar Abdel Kafi, a pacher at a mosque in Cairo
who had been banned from paching because of his alleged extremist
views.
p>
< p>In recent years, the Government has denied permission to a small number
of Christian converts from Islam to travel abroad. In October 1994,
security officials arrested Ibrahim Sharaf Al-Din, an Egyptian convert,
at Cairo airport as he attempted to enter Egypt from Kenya, where he had
been granted asylum and resided with his family since the early 1980's.
Al-Din was imprisoned for 8 months while prosecutors investigated the
circumstances of his conversion. He was released without charge in
June, but at year's end was unable to depart Egypt because, according to
the Government, the prosecutor's case against him is still pending.
p>
< p>The deportation of citizens and aliens granted political asylum is
prohibited and is not practiced.
p>
< p>Egypt hosts thousands of refugees, but only a few are officially allowed
to resettle permanently.
p>
< p>Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
p>
< p>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, citizens do not have a meaningful ability to
change their government.
p>
< p>In 1993 psident Hosni Mubarak was elected unopposed to a third 6-year
term by the People's Assembly. In October of that year, his reelection
was approved by 96 percent of the voters in a national referendum.
Under the Constitution, the electorate is not psented with a choice
among competing psidential candidates. Two opposition parties urged
the public to boycott the referendum, and two other parties urged the
public to vote against the psident. The other opposition parties
endorsed the psident's candidacy.
p>
< p>An election for the 454-seat People's Assembly was held in November.
Run-offs took place in December. In the final tally, the NDP won 317
seats, independents 114, and opposition parties 13. After the second
round, 99 of the independents applied to join the NDP, but the party
accepted only 11 applicants. One Muslim Brother, running as an
independent, was elected. After the election he joined the Socialist
Labor Party. The election drew an un pcedented 4,000 candidates and a
strong measure of public interest. It also brought an un pcedented
level of campaigning by all candidates, including those with assumed
safe seats.
p>
< p>Both rounds of voting were marred by irregularities, many of which
appeared to result from either inadequate crowd control at polling
centers or a breakdown in the oversight system, which was designed to
ensure the inviolability of the ballot boxes. Violent incidents, mostly
among supporters of competing candidates, resulted in about 20 deaths.
p>
< p>After the first round, over 100 losing candidates filed complaints in
the Administrative Courts, alleging ballot-stuffing and other
irregularities. The courts agreed with many of these claims and
invalidated several first-round results. At year's end, the Higher
Administrative Court in Cairo was considering about 100 cases on appeal.
This court has the authority to rule on whether irregularities took
place, but may not remove an elected member of the Assembly.
p>
< p>The Assembly debates government proposals, and members exercise their
authority to call cabinet ministers to explain policy. The executive
initiates almost all legislation. Nevertheless, the Assembly maintains
the authority to challenge or restrain the executive in the areas of
economic and social policy, but it may not modify the budget except with
the Government's approval. The Assembly exercises limited influence in
the areas of security and foreign policy, and there is little oversight
of the Interior Ministry's use of Emergency Law powers. Many executive
branch initiatives and policies are carried out by regulation through
ministerial decree without legislative oversight. The military budget
is ppared by the executive and not debated publicly. Roll-call votes
in the assembly are rare. Votes are generally reported in aggregate
terms of yeas and nays, and thus constituents have no independent method
of checking a member's voting record.
p>
< p>There are 15 recognized opposition parties. The law empowers the
Government to bring felony charges against those who form a party
without a license. New parties must be approved by the Parties
Committee, a semi-official body including a substantial majority of
members from the ruling NDP and some members from among the independents
and opposition parties. Decisions of the Parties Committee may be
appealed to the civil courts. In 1995 the Parties Committee rejected
the application for one new party, the Egyptian Republican Party; a
second, the Equality Party, was approved on a court appeal. Appeals of
rejections of seven other parties are pending before a court.
p>
< p>According to the law, which prohibits political parties based on
religion, the Muslim Brotherhood is an illegal political organization.
However, Muslim Brothers are publicly known and openly speak their
views, but have come under increasing pssure from the Government (see
Sections 1.d. and 1.e.). Some have served in the Assembly as
independents or as members of other recognized parties. Critics
maintain that the Government's campaign of arrests of Muslim Brothers
was designed to exclude the Brotherhood from the legislative elections.
p>
< p>The Constitution reserves 10 Assembly seats for psidential appointees,
which the psident traditionally has used to assure re psentation for
Coptic Christians and women. Five women and no Copts were elected in
November. However, of the 10 psidential appointments, 6 were Copts
and 4 were women. The National Democratic Party had no Coptic
candidates.
p>
< p>Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
p>
< p>The Government refuses to license local human rights groups as private
entities under Law 32 of 1964 (see Section 2.b.). Since 1986 the
Government has refused to license the Egyptian Organization for Human
Rights (EOHR) on grounds that it is a political organization and
duplicates the activities of an
p>
< p>existing, although moribund, human rights group (see Section 2.b.). The
EOHR has appealed the denial in the courts, and continues to conduct
activities openly, pending a final judicial determination of its status.
p>
< p>The Arab Organization for Human Rights (AOHR), EOHR's parent
organization, has a long-standing request for registration as a foreign
organization with the Ministry of Foreign Affairs. The Ministry has not
approved the request thus far, stating that the issue is dependent on
the outcome of efforts within the League of Arab States to establish a
human rights body.
p>
< p>A request by Amnesty International (AI) for legal status for its local
chapter has been pending with the Ministry of Foreign Affairs for 5
years. In the meantime it is allowed to conduct limited activities.
p>
< p>Despite their nonrecognition, the EOHR and other groups sometimes enjoy
the cooperation of government officials. The Government allows EOHR
field workers to visit prisons, to call on some government officials,
and to receive funding from foreign human rights organizations. In
August a senior government official met with leaders of the major human
rights groups in Egypt for the first time to exchange views in what the
groups hope will become a continuing dialogue.
p>
< p>On the other hand, on at least six occasions during the year the
Government banned meetings of human rights groups or denied permits for
them to hold conferences. In May the Government denied permission for a
video training workshop for regional human rights activists sponsored by
EOHR and the U.S.-based Lawyers Committee for Human Rights. The
Government denied the U.S. group permission to hold the workshop after
its re psentatives had already traveled to Egypt.
p>
< p>Other human rights organizations, such as the Center for Human Rights
Legal Aid, are registered with the Government as corporations under
commercial or civil law, thus avoiding the obstacles posed by Law 32
(see Section 2.b.).
p>
< p>In January the Ministry of Justice issued a nonbinding advisory ruling
stating that such organizations properly should be considered
nongovernmental organizations as defined by Law 32 and registered
accordingly, or face punitive action. Human rights advocates ex pssed
their concern that this opinion, as well as a hostile pss campaign
against these groups by the government-controlled pss, verbal attacks
by senior government officials, and occasional bans on meetings by the
organizations, may psage a move to close them down. However, the
Government did not close down any group during the year.
p>
< p>Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
p>
< p>The Constitution provides for equality of the sexes and equal treatment
of non-Muslims, but aspects of the law and many traditional practices
discriminate against women and Christians.
p>
< p> Women
p>
< p>Family violence against women occurs and is reflected in pss accounts
of specific incidents. Official or nonofficial quantitative data do not
exist. In general, the intervention of neighbors and extended family
members tends to limit the pvalence and scope of such violence. Abuse
within the family is rarely discussed publicly, owing to the value
attached to privacy in this traditional society. Several
nongovernmental organizations have begun offering counseling, legal aid,
and other services to women who are victims of domestic violence.
p>
< p>The law provides for equality of the sexes, but aspects of the law and
many traditional practices discriminate against women. By law, women
need their husbands' or fathers' permission to obtain a passport or
travel abroad (see Section 2.d.). Only males can confer citizenship.
In rare cases, this means that children born to Egyptian mothers and
stateless fathers are themselves stateless.
p>
< p>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 strengthening a Muslim woman's
rights to divorce and child custody was repealed in 1985 after it was
found unconstitutional for conflicting with Islamic law. However, in
August a proposed new marriage contract won the support of Egypt's
highest religious figure, the last major step before the Government can
adopt it. The contract, which applies only to Muslims and would replace
the current one drafted in 1931, stipulates negotiations between the
partners to agree on the terms of the marriage, including the woman's
right to work, study and travel abroad, as well as the man's right to
take another wife. The contract also proposes agreement on division of
property and financial settlement in the event of divorce. Under the
contract, the bases for the wife's right to request a divorce would be
broadened to include the husband's violation of any of the terms under
the new contract.
p>
< p>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.
p>
< p>Women have employment opportunities in government, medicine, law,
academia, the arts, and, to a lesser degree, in business. Three women
are in the Cabinet. Over 100 officers in the Egyptian diplomatic
service are women, including 6 ambassadors. There are no female judges.
Although there is no legal basis to prohibit female judges, a woman
under consideration for promotion to magistrate was denied the promotion
on the basis of gender in 1993 and is suing the Government.
p>
< p>Social pssure against women pursuing a career is strong, and some
Egyptian feminists say that a resurgent Islamic fundamentalist trend
limits further gains. Women's rights advocates also point to other
discriminatory traditional or cultural attitudes and practices such as
female genital mutilation (FGM) and the traditional male relative's role
in enforcing chastity and appropriate sexual conduct.
p>
< p>There are a growing number of active women's rights groups working in
diverse areas, including reforming the Personal Status Code, educating
women on their legal rights, combating FGM and rewriting the marriage
contract.
p>
< p> Children
p>
< p>The Government remains committed to the protection of children's welfare
within the limits of its budgetary resources. Many of the resources for
children's welfare are provided by international donors, especially in
the field of child immunization. Child labor is wides pad, despite the
Government's commitment to eradicate it. In education, the Government
treats boys and girls equally at the primary, secondary, and post-
secondary levels.
p>
< p>FGM is widely condemned by international health experts as damaging to
both physical and psychological health. Statistics on the pvalence of
FGM vary, but government and private sources agree it is common among 70
to 80 per cent of rural and poor urban women. The act is generally
performed on girls between the ages of 7 and 10, probably with equal
pvalence among Muslims and Coptic Christians.
p>
< p>A 1959 decree and subsequent amendments, which described FGM as
"psychologically harmful," limited the practice to excision. However,
the more drastic infibulation is practiced in some parts of southern
Egypt. The decree prohibited doctors from performing the excision in
government health facilities; however, following public outcry in 1994
over a foreign television broadcast of the circumcision of a 9-year-old
girl by a barber, the Minister of Health decreed that FGM should be
performed 1 day per week in government facilities only by trained
medical personnel. In announcing the decision, the Minister argued that
making the practice illegal would only drive it underground; that it
could be eliminated only by a sustained educational campaign; and that
in the meantime it should be performed in clean, safe circumstances.
p>
< p>Current law stipulates penalties for nonmedical practitioners of FGM. A
barber was arrested in May for the death of a 10-year-old girl whom he
had circumcised, the second such death in the child's family at his
hands. However, the law does not stipulate punishment for parents who
violate the law. The Government broadcasts television programs
condemning the practice, and a number of NGO's work actively to educate
the public of the health hazards attached to the practice.
p>
< p>The Sheikh of Al-Azhar, head of the world's oldest institution of
Islamic learning, issued a decree in 1994 declaring FGM a religiously
mandated duty. His ruling is opposed by another religious leader, the
Grand Mufti, who is the official re psentative of Islam in the
Government. Nonetheless, the Sheikh's ruling may hamper government
education efforts.
p>
< p> People with Disabilities
p>
< p>There are approximately 5.7 million disabled persons, of whom 1.5
million are severely disabled. The Government makes serious efforts to
address their rights. 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 public schools. By law, all
businesses must designate 5 percent of their jobs for the disabled, who
are exempt from normal literacy requirements. Although there is no
legislation mandating access to public accommodations and
transportation, the disabled may ride government-owned mass transit
buses without charge, are given priority in obtaining telephones, and
receive reductions on customs duties for private vehicles.
p>
< p> Religious Minorities
p>
< p>The Constitution provides that all citizens are equal before the law and
prohibits discrimination based on religion. For the most part these
constitutional protections are upheld by the Government. Yet,
discriminatory practices against Christians still exist.
p>
< p>The approximately 5.5 million Coptic Christians are the objects of
occasional violent assaults by Muslim extremists. During the year,
extremists were responsible for killing at least 30 Copts, most in the
Minya governorate in upper Egypt, where about 30 to 40 percent of the
inhabitants are Christian. According to a senior police official in
Minya, the extremists were carrying out a plan to assassinate prominent
Coptic leaders. Many Copts in Minya still fear for their safety.
p>
< p>Extremists also have obstructed church repairs and construction and
harassed Copt-owned businesses. Some Christians have complained that
the Government is lax in protecting Coptic lives and property. Security
forces arrest extremists who perpetrate violence against Copts, but some
members of the Coptic community do not believe that the Government is
vigorous in its efforts to pvent the attacks and does little to
correct nonviolent forms of discrimination, including its own.
p>
< p>There were several credible reports of forced conversions of Coptic
children to Islam, allegedly carried out by Muslim extremists. In one
case, the father of a 15-year-old girl wrote to the Speaker of the Shura
Council seeking his help in obtaining the return of his daughter, whom
he claimed had been abducted by the Islamic Group in 1992 and forced to
convert to Islam. He claimed that the local government had refused to
help him.
p>
< p>Government discriminatory practices include: suspected statistical
underre psentation of the size of the Christian population; anti-
Christian discrimination in education; a public school ban on the hiring
of Christian Arabic teachers as the curriculum involves the study of the
Koran; the production of some Islamic television programs with anti-
Christian themes; job discrimination in the public sector, the police,
the armed forces, and other government agencies; reported discrimination
against Christians in admission to state medical schools; and
underre psentation in government. Although there are two Coptic
Christians in the Cabinet, there are no Coptic governors and no Copts in
the upper ranks of the military, police, or diplomatic service. The
ruling NDP nominated no Coptic candidates in the November parliamentary
election.
p>
< p>Section 6 Worker Rights
p>
< p> a. The Right of Association
p>
< p>Workers may join trade unions but are not required to do so. A union
local, or workers' committee, may be formed if 50 employees ex pss a
desire to organize. Most union members, about 25 per cent 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.
p>
< p>There are 23 industrial unions, all required to belong to the Egyptian
Trade Union Federation (ETUF), the sole legally recognized labor
federation. The International Labor Organization's (ILO) Committee of
Experts (COE) repeatedly has emphasized that a law requiring all trade
unions to belong to a single federation infringes on the freedom of
association. 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. ETUF officials have close relations with
the 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.
p>
< p>Some unions within ETUF are affiliated with international trade union
organizations. Others are in the process of doing so.
p>
< p>The Government is currently reviewing a new labor law for submission to
the People's Assembly. The law is expected to be debated in the spring
of 1996. The proposed law provides statutory authorization for the
rights to strike and to collective bargaining. Under current labor laws
such rights are not adequately guaranteed. Even though the right to
strike is not guaranteed, strikes occur. The Government considers
strikes a form of public disturbance and hence illegal.
p>
< p>Several strikes occurred in 1995 at both private- and public-sector
companies. In August workers at a government-owned automobile factory
staged a 3-day sit-in strike to protest a proposed cut in benefits.
Although security forces appeared on the scene, no violence was
reported, and the parties eventually reached a settlement.
p>
< p> b. The Right to Organize and Bargain Collectively
p>
< p>The draft labor law provides statutory authorization for collective
bargaining. Under the current law, unions may negotiate work contracts
with public sector enterprises if the latter agrees 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.
p>
< p>Labor law and practice are the same in the export processing zones as in
the rest of the country.
p>
< p> c. Prohibition of Forced or Compulsory Labor
p>
< p>The criminal code authorizes sentences of hard labor for some crimes.
p>
< p> d. Minimum Age for Employment of Children
p>
< p>The minimum ages for employment are 12 in non-agricultural and 6 in
agricultural work. Education is compulsory until age 15. An employee
must be at least age 15 to join a labor union. The Labor Law of 1981
states that children age 12 to 15 may work 6 hours a day but not after 7
p.m. and not in dangerous or physically demanding activities. Child
workers must obtain medical certificates and work permits before they
are employed.
p>
< p>The Minister of Health disclosed that 2 million children between the
ages of 6 and 15 are employed. A 1989 study estimated that perhaps
720,000 children work on farms. However, children also work as
ap pntices in repair and craft shops, in heavier industries such as
brickmaking and textiles, and as workers in leather factories and
carpet-making. While local trade unions report that the Ministry of
Labor adequately enforces the labor laws in state-owned enterprises,
enforcement in the private sector, especially in family-owned
enterprises, is lax.
p>
< p> e. Acceptable Conditions of Work
p>
< p>For government and public-sector employees, the minimum wage is
approximately $20 (about 65 Egyptian pounds) a month for a 6-day, 48-
hour workweek. Base pay is supplemented by a complex system of fringe
benefits and bonuses that may double or triple a worker's take-home pay.
It is doubtful that the average family could survive on a worker's base
pay at the minimum wage rate. 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.
p>
< p>The Ministry of Labor sets worker health and safety standards, which
also apply in the export processing zones, but enforcement and
inspection are uneven. The law prohibits employers from maintaining
hazardous working conditions and provides legal recourse for employees
who are asked to work in such conditions.
p>
< p>(###) p>