U.S. Department of State
Egypt Report on Human Rights Practices for 1997
Released by the Bureau of Democracy, Human Rights, and Labor, January
30, 1998
EGYPT
According to its Constitution, Egypt is a social democracy in which
Islam is the state religion. However, the National Democratic Party
(NDP), which has governed since its establishment in 1978, has used its
entrenched position to dominate national politics, and it maintains an
overriding majority in the popularly elected People's Assembly and the
partially elected Shura (Consultative) Council. President Hosni Mubarak
was reelected unopposed to a third 6-year term by the People's Assembly
in 1993. The Cabinet and the country's 26 governors are appointed by
the President and may be dismissed by him at his discretion. The
judiciary is independent.
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. The use of violence by
security forces in the campaign against suspected terrorists appeared
more limited than in 1996. The security forces committed numerous
serious human rights abuses.
Egypt is in transition from a government-controlled economy to a free
market system. The Government continued its privatization program,
although key sectors of the economy remain under government control.
Agriculture remains the largest employer and is almost entirely in
private hands. The tourism sector generated the largest amount of
foreign currency, although earnings fell off sharply after terrorists
massacred 58 foreign tourists in Luxor in November. Petroleum exports
and remittances from approximately 2 million Egyptians working abroad
are the two other principal sources of foreign currency. In the past 7
years, the Government has enacted significant economic reforms, which
have reduced the budget deficit, stabilized the exchange rate, reduced
inflation and interest rates significantly, and built up substantial
reserves. The success of the reform efforts has resulted in an increase
in annual economic growth rates to 5 percent for fiscal year 1996-97.
The per capita gross domestic product (GDP) is about $1,000 per year.
Official statistics place 34.4 percent of wage earners in the
agricultural sector, and knowledgeable observers estimate that perhaps 3
to 5 percent of those engage in subsistence farming. The annual
population increase is 2.1 percent. Adult literacy rates are 63 percent
for males and 34 percent for females.
The Government continued to commit numerous serious human rights abuses,
although its record improved somewhat over the previous year. The ruling
NDP dominates the political scene to such an extent that citizens do not
have a meaningful ability to change their government.
The Emergency Law, which has been in effect since 1981, was renewed on
February 23 for another 3 years and continues to restrict many basic
rights. The security forces and terrorist groups continued to engage in
violent exchanges. In fighting the terrorists, the security forces
continued to mistreat and torture prisoners, arbitrarily arrest and
detain persons, hold detainees in prolonged pretrial detention, and
occasionally engage in mass arrests. In actions unrelated to the
antiterrorist campaign, local police abused criminal suspects. Prison
conditions are poor. During the year, the Government arrested and
detained hundreds of individuals for opposition to the implementation of
the Agrarian Reform Law, which ended artificially low rents for
farmland. The activities that provoked government action ranged from
possession of documents about the Agrarian Reform Law to attacks on
government-owned property. In civil unrest related to the
implementation of the new law, an estimated 28 persons were killed in
ensuing clashes. The Government took disciplinary action against police
officers accused of abusing detainees, but it did not pursue most cases
or seek adequate punishments.
The use of military courts to try civilians continued to infringe on a
defendant's right to a fair trial before an independent judiciary. The
Government used the Emergency Law to infringe on citizens' privacy
rights. Although citizens generally express themselves freely, the
Government continued to place some restrictions on freedom of the press.
State prosecutors brought libel charges in civilian courts against
several journalists for criticizing corruption and abuse of authority
among government officials and their families. The Government restricts
freedom of assembly and association. Although the Government does not
legally recognize local human rights groups, these groups are allowed to
operate openly. The Government places limits on the freedom of
religion.
Women and Christians face discrimination based on tradition and some
aspects of the law. Violence against women is a problem. Terrorist
violence against Christians is a problem. The Child Labor Law approved
in 1996 increased protections for children, but child labor remains
widespread despite the Government's efforts to eradicate it. Abuse by
employers continues, and the Government does not enforce the law
effectively. The 1996 government decree banning the practice of female
genital mutilation (FGM) was challenged in the courts on the grounds
that the ban was unconstitutional. The Government ban was upheld by the
Supreme Administrative Court on December 28. The Government limits
worker rights.
Terrorist groups committed numerous serious abuses. Terrorist groups
seeking to overthrow the Government and establish a purportedly Islamic
state continued their attacks on police, Coptic Christians, and
tourists. Terrorist groups were responsible for the majority of the 155
civilian and police deaths. Major actions included a terrorist attack
in February on youths who were attending a church meeting in Abu Qurqas
in upper (southern) Egypt; 13 persons were killed and 5 wounded. In
March terrorists attacked a village in upper Egypt, and fired on a
passing train, killing 14 persons and wounding 21 others. In September
a politically-motivated gunman killed 9 tourists and 1 Egyptian in
Cairo. In October terrorists killed 11 police and security officials,
binding their hands and feet prior to shooting them. In November 6
terrorists attacked foreign tourists at Hatshepsut's temple in Luxor,
killing 58 tourists, 2 police, and 2 Egyptian civilians before being
killed themselves when surrounded by police.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of political killings; however, extrajudicial
killings may have occurred in certain antiterrorist operations.
There were no total figures for deaths in custody from government or
human rights sources by year's end. The press reported 3 deaths under
suspicious circumstances in police custody. According to these reports,
Mahmoud Abdel Hamid Abu Al Ela'a died in February following his
detention at Boulaq Al Dakrour police station in Giza; Bekheet Abdel
Rahman Salem died in March at Fayoum prison; and Kamel Mohammed Zayed
died in March at Wadi Natroun prison. Human rights groups are
investigating the deaths to determine whether they involved medical
negligence. In October the Human Rights Center for the Assistance of
Prisoners issued a report describing the deaths of seven prisoners
detained in Al-Wadi Al-Jadid prison between 1994 and 1996. Other human
rights groups continue to investigate outstanding cases, including 13
prison deaths related to medical negligence (see Section 1.c.).
In antiterrorist campaigns, security forces killed 41 suspected
terrorists; there were no reports of excessive use of lethal force. No
suspects died while attempting to escape arrest. There were no reports
of killings of relatives of suspected extremists by security forces in
apparent vendettas.
The case against a policeman charged with torture and use of excessive
force in the 1994 death of a detainee remained pending (see Section
1.c.).
In civil unrest related to the implementation of the Agrarian Reform
Law, an estimated 28 persons were killed in ensuing clashes (see Section
1.d.).
Terrorist groups were responsible for the majority of the deaths in
civil unrest. They killed 155 persons, compared with 132 in 1996. This
total included 41 police and security officers and 114 civilians (which
includes foreign tourists).
On March 13, a group of armed terrorists emerged from the sugar cane
fields near the village of Bahgoura and indiscriminately fired on the
residents, killing 13 persons and wounding 15 others. Nine of the dead
were Coptic Christians. Apparently while fleeing the Bahgoura massacre,
the group fired bursts of automatic fire at the Luxor-Cairo train,
killing one female passenger and wounding six other passengers slightly.
On September 18, two men attacked and killed nine German tourists and
their Egyptian driver outsides Cairo's Egyptian Museum. On October 13,
terrorists in the province of Al-Minya setup a roadblock, stopped
vehicles in a search for security officers, and captured and killed 11
policemen and one government employee. One civilian was wounded in
these shootings. On October 29, a military court sentenced to death the
two perpetrators of the September 18 attack. In addition, six other
defendants were sentenced to prison terms varying in length from 1 to 10
years for supplying a weapon and ammunitions. One other defendant was
acquitted. On November 17, six terrorists attacked foreign tourists at
the site of Hatshepsut's temple in Luxor. They killed 58 tourists, 2
Egyptian civilians, and 2 policemen before they were killed by police.
Terrorist attacks directed specifically against Christians continued,
resulting in the death of at least 23 persons, including a group of 13
people in Abu Qurqas in February. Terrorist entered a church during a
youth prayer meeting, shot and killed some participants, and attacked
other villagers later. Thirteen persons were killed and 5 wounded.
Terrorists also attacked churches and other properties owned by
Christians.
In September a military court sentenced defendants charged with killing
a senior state security officer in 1995 (see Section 1.e.).
In January four Muslim militants were convicted on charges relating to
attacks in 1993 and 1994. One of the four, Ali Mohammed Farahat, was
convicted for grenade attacks on two Cairo movie theaters that a police
guard killed and wounded six civilians, and for an attack on a tourist
bus that wounded eight Austrians and eight Egyptians. All four were
convicted of plotting to kill senior state officials and tourists. The
four were sentenced to death; the sentence was carried out in October.
b. Disappearance
There were no reports of politically motivated disappearances.
The Human Rights Center for the Assistance of Prisoners issued a report
describing the cases of 11 individuals who disappeared during the period
between 1992 and 1996. The Egypt Organization of Human Rights (EOHR)
continues to investigate eight other disappearances. The Government has
not responded to queries from human rights monitors regarding these
outstanding cases.
The case of Marwa Al Sayeed Metwalli Hafez, who was reported to have
disappeared in 1995, was resolved. She had eloped and been out of
contact with her family.
There were credible reports that former Libyan Foreign Minister Mansur
Kikhiya, who disappeared from Cairo in 1993, had been kidnaped by Libyan
agents, taken to Libya, and executed there in early 1994. Possible
involvement by Egyptian government officials remains under
investigation.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution prohibits the infliction of "physical or moral harm"
upon persons who have been arrested or detained. However, abuse and
torture of detainees by police, security personnel, and prison guards is
common.
Under the Penal Code, torture of a defendant or orders to torture are
felonies punishable by temporary hard labor or 3 to 10 years'
imprisonment. If the defendant dies, the crime is one of intentional
murder punishable by a life sentence at hard labor. Arrest without due
cause, threatening death, or using physical torture is punishable by
temporary hard labor. The use of cruelty against people by relying on
one's position is punishable by imprisonment of no more than 1 year or a
fine of no more than $65. Victims may bring a criminal or civil action
for compensation against the responsible government agency. There is no
statute of limitations in such cases.
Despite these legal safeguards, there were numerous credible reports,
including statements by government officials, that security forces
mistreated and tortured citizens. Reports of mistreatment and torture
at police stations remain frequent.
In an interview published in April, the Minister of Interior stated that
he had placed 128 police officers "on reserve," a step that precedes
dismissal, for abuses involving excessive use of force. He also stated
that 12 police officers had been referred to criminal courts and 44 to
disciplinary courts for crimes of torture. He said that "many" officers
had been convicted of torture and are serving prison sentences. The
EOHR reported that three police officers and six policemen accused of
torture in 1993 were acquitted in June.
While the Government has investigated torture complaints in criminal
cases and punished some offending officers, the punishments are not in
line with the seriousness of the offense. However, government officials
have stated that administrative punishments can be severe enough to
prevent further career advancement, and that some police officers have
opted to face criminal charges instead. 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 involved in
counterterrorism operations.
Human rights groups believe that the SSIS continues its practices.
Torture takes place in SSIS offices, including its headquarters in
Cairo, and at Central Security Force camps. Torture victims usually are
taken to an SSIS office where they are handcuffed, blindfolded, and
questioned about their associations, religious beliefs, and political
views. Torture is used to extract information, coerce the victims to
end their antigovernment activities, and deter others from such
activities.
Egyptian human rights groups and victims reported a number of torture
methods. Detainees are frequently stripped; hung by their wrists with
their feet touching the floor or forced to stand for prolonged periods;
doused with hot or cold water; beaten; forced to stand outdoors in cold
weather; and subjected to electrical shocks. Some victims, including
female detainees, report they have been threatened with rape.
While the law requires security authorities to keep written records of
detained citizens, human rights groups report that such records often
are not available, not found, or the police deny any knowledge of the
detainee when they inquire about specific cases, effectively blocking
the investigation of torture complaints.
The EOHR issued a report in March presenting 57 cases of torture of
"ordinary citizens" in police stations. The report states that torture
is also used against the relatives of detainees. The Center for Human
Rights Legal Aid (CHRLA) reported that five political activists--Hamdeen
Sabahy, Mohammed Abdu, Mohammed Assayed Sulayman, Mohammed Bayyoumi, and
Hamdy Heikal--were tortured in June at the prison known as the
"Scorpion," part of the Tora prison complex. The men were arrested for
nonviolent opposition to the Agrarian Reform Bill (see Section 1.d.).
The CHRLA also reported the torture of Khaled Hagag Sayeed in May at Al
Wayli police station in Cairo after he was arrested for suspected car
theft.
Security forces used tear gas and physical force to break up a strike in
June at Zagazig University (see Section 6.a.). Two cases of torture
from previous years, the 1994 charge of torture by a policeman in the
case of Fateh Al-Bab Abdel Moneim, and the 1995 charge of torture by
police in the case of Famal El-Shazly, remain under investigation.
Prison conditions remain poor. Government authorities reported the
renovation or construction of 14 prisons during the past 4 years.
Nonetheless, human rights groups report that overcrowding and unhealthy
conditions continue. Cells reportedly are poorly ventilated, food is
inadequate in quantity and nutritional value, and medical services were
not always available. The use of torture and mistreatment continues to
be common, and relatives of prisoners and their lawyers are often unable
to obtain access to prisons for visits. The Human Rights Center for the
Assistance of Prisoners issued a report in October on conditions in the
Al-Wadi Al-Jadid prison, including 61 case studies of prisoners who are
suffering from inhuman conditions, including inadequate medical
treatment. Health conditions in the Al-Wadi Al-Jadid prison and in the
maximum security prison, the "Scorpion," part of the Tora prison
complex, reportedly included widespread tuberculosis among the inmates.
Human rights groups are investigating 13 prison deaths related to
medical negligence.
On July 15, an administrative court issued a ruling canceling a decree
by the Minister of Interior that prohibits visits of both family and
lawyers to the Fayoum and Tora prisons. The Interior Minister is
contesting this judgment. Since 1994 there have been six court orders
directing the Interior Ministry to open these prisons for visits. Human
rights groups report, however, that visits have been refused at several
prisons. At others, restrictions have been placed on visits to
prisoners incarcerated for political or terrorist crimes, limiting the
number of visits allowed each prisoner, and the total number of visitors
allowed in the prison at any one time.
In principle, human rights monitors are allowed to visit prisoners in
their capacity as legal counsel, but in practice they often face
considerable bureaucratic obstacles that prevent them from meeting with
prisoners.
d. Arbitrary Arrest, Detention, or Exile
As part of the Government's antiterrorist campaign, security forces have
conducted mass arrests and detained hundreds of individuals without
charge after specific terrorist incidents. While terrorist groups
stated that more than 1,000 persons were arrested, there are no
confirmed reports of such claims. Under the provisions of the Emergency
Law, which has been in effect since 1981, 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.
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.
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 "spreading
panic" and "obstructing the work of authorities."
During the year the Government arrested and detained hundreds of people
under the Penal Code for opposition to implementation of the Agrarian
Reform Bill. One local human rights group claimed that up to 1,000
persons had been arrested. Activities by the detainees included
photocopying statements opposing the law, distributing leaflets opposing
the law, meeting to discuss concerns about the law, and efforts to
collect signatures and to organize demonstrations opposing the law.
Some detainees were involved in demonstrations that included attacks on
government-owned property. The majority of detainees were released
after a short period of detention. However, some 200 individuals
remained in detention at year's end. Dr. Ahmed Al Ahwany, a professor
of nuclear energy at Cairo University, was detained on April 24 for
possessing papers opposing the law. He was released on May 21 after
paying a fine of $58.82 (200 Egyptian pounds.) Five opponents--Hamdeen
Sabahy, Mohammed Abdu, Mohammed Assayed Sulayman, Mohammed Bayyoumi, and
Hamdy Heikal--were detained for 3 months at the Tora prison complex
without trial and then released 1 week prior to the bill's
implementation on October 6. They were charged with possessing
documents that opposed the law and thereby encouraged unrest.
In January state security forces arrested some 80 young people devoted
to heavy metal rock music and its trappings; all were released without
charge in about 2 weeks (see Section 2.a.). Human rights groups
reported that hundreds, and according to one report, thousands, of
people 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.
On August 9, security forces and police in Alexandria arrested 33
alleged members of the Muslim Brotherhood (an Islamist opposition
organization). The charges included organizing a training camp for
instruction on how to infiltrate the student body of Alexandria
University, possessing illegal leaflets, and membership in an illegal
organization. More than half were later released while the remainder
are still in detention. On September 23, security forces and police in
Alexandria arrested 60 alleged members of the Muslim Brotherhood and
released them 2 days later.
Neither the Government nor human rights groups were able to provide firm
figures for the total prison population. One human rights group cited a
government figure of 12,000 registered and serving sentences, but
provided a rough estimate of 32,000 for the total prison population,
including those being held pending sentencing.
The Government does not use forced exile.
e. Denial of Fair Public Trial
The judiciary is independent; however, cases involving national security
or terrorism may be handled by military or Emergency State Security
courts, where constitutional protections may not be observed. The
Constitution provides for the independence and immunity of judges and
forbids interference by other authorities in the exercise of their
judicial functions. The President appoints all judges upon
recommendation of the Higher Judicial Council, a constitutional body
composed of senior judges, and chaired by the President of the Court of
Cassation. The Council regulates judicial promotions and transfers. In
the last few years, the Government has added lectures on human rights
and other social issues to its training courses for prosecutors and
judges.
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. Misdemeanors that are punishable by
imprisonment are heard at the first level by one judge; at the second
level by three judges. Felonies that are punishable by imprisonment or
execution are heard in criminal court by three judges. Contestations of
rulings are heard by the Court of Cassation. A lawyer is appointed at
the court's expense if the defendant does not have one. The appointment
of lawyers is based on a roster chosen by the Bar Association; however,
expenses are incurred by the State. Any denial of this right is cause
for contestation of the ruling. However, detainees in certain high
security prisons alleged that they were denied access to counsel or that
such access was delayed until trial, thus denying counsel the time to
prepare an adequate defense.
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. However, while the judiciary generally is
credited with conducting fair trials, under the Emergency Law, cases
involving terrorism and national security may be tried in military or
State Security Emergency courts, in which the accused do not receive all
the constitutional protections of the civilian judicial system.
In the past, human rights groups and defense lawyers have claimed that
the Government intimidated lawyers representing terrorist suspects by
detaining and questioning them on the activities of their clients.
There were no such reports during the year.
In 1992, following a rise in extremist violence, the Government began
trying cases of persons accused of terrorism and membership in terrorist
groups before military tribunals. In 1993 the Supreme Constitutional
Court ruled that the President may invoke the Emergency Law to refer any
crime to a military court. This use of military and State Security
Emergency court under the Emergency Law has deprived hundreds of
civilian defendants of their constitutional right to be tried by an
ordinary judge.
The Government defends the use of military courts as necessary in
terrorism cases, maintaining that trials in the civilian courts are
protracted and that 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.
However, the military courts do not ensure 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 as 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 President, 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 prepare
defenses and that judges tend to rush cases with many defendants.
During the year, the Government referred 280 civilian defendants to the
military courts in 6 separate cases. In January, 19 defendants accused
of the 1994 bombing of the Magda theater were brought to trial before a
military court. The court acquitted 2, sentenced 4 to death, and
sentenced 13 to prison terms of various lengths (see Section 1.a.). In
July a military court sentenced Ramzy Al Muwafy to 31 years'
imprisonment for belonging to a terrorist group, for having links with
terrorist groups in Afghanistan and Pakistan, for forging documents, and
for providing terrorist groups in Egypt with information that assisted
them in perpetrating their terrorist activities. In September a
military court handed down sentences in the case of 98 defendants
accused of bombing 9 banks and killing a senior state security officer
in 1995. The court acquitted 25 and sentenced 4 to death, 8 to life
imprisonment, and 60 to hard labor or prison terms of various lengths.
The court dropped charges against one defendant who died during the
trial.
On October 15, a military court handed down sentences in the case
involving 84 defendants accused in 1995 of planning to revive the
activities of the "Jihad" terrorist group, including plans to bomb
tourist areas. The court acquitted 31 persons and sentenced 3 to death,
2 to life imprisonment, and 51 to prison terms varying in length from 2
to 15 years. In October a military court sentenced eight defendants and
acquitted one in connection with the September 18 attack on German
tourists (see Section 1.a.).
The State Security Emergency Courts share jurisdiction with military
courts over crimes affecting national security. The President 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. Sentences are subject to
confirmation by the President but cannot be appealed. The President may
alter or annul a decision of a State Security Emergency Court, including
a decision to release a defendant.
During the year, 8 cases were referred to State Security Emergency
Courts involving 123 defendants charged with terrorist acts.
There are no reliable statistics on the number of political prisoners,
but observers estimate that the total may be in the thousands.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
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 officers who
conduct searches without proper warrants are subject to criminal
penalties, although these are seldom imposed.
However, the Emergency Law has abridged the constitutional provisions
regarding the right to privacy. 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.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press. However,
the Government continued to place some limitations on these rights.
Citizens openly speak their views on a wide range of political and
social issues, including vigorous criticism of the Government.
The Government owns stock in the three largest daily newspapers, and the
President appoints their editors-in-chief. However, although these
newspapers generally follow the government line, they frequently
criticize government policies. The Government also enjoys a monopoly on
the printing and distribution of newspapers, including the opposition
parties' papers. The Government has been known to use its monopolistic
control of newsprint to limit the output of opposition publications.
Opposition political parties publish their own newspapers 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 daily
Al Wafd, the daily Al-Ahrar, and Al-Shaab, the semiweekly of the
Islamist-oriented Socialist Labor Party. All have small circulations.
Opposition newspapers frequently publish criticism of the Government,
inspiring rejoinders from the government-owned press. 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.
The Press Law, the Publications Law, and the Penal Code govern press
issues. The laws stipulate fines or imprisonment for criticism of the
President, members of the Government, and foreign heads of state. The
Constitution restricts ownership of newspapers to public or private
legal entities, corporate bodies, and political parties. However, there
are numerous restrictions on legal entities that wish to establish their
own newspapers. Following implementation of the Press Law in 1996, the
Government issued licenses for four new newspapers. Newspapers
published outside Egypt can be distributed with government permission.
Libel laws provide protection against malicious rumor-mongering and
unsubstantiated reporting. Financial penalties increased substantially
in 1996 when relevant provisions of the Penal Code were revised.
However, the judicial process remains long and costly, creating a bar to
realistic legal recourse for those wrongly defamed. In recent years,
opposition party newspapers have, within limits, published articles
critical of the President and foreign heads of state without being
charged or harassed. Most libel cases are brought by the Government,
usually involving rumors or charges of corruption against members of the
families of government officials. On several occasions in 1996, the
public prosecutor interrogated editors and journalists for publishing
allegations of official misconduct and corruption. In one instance the
Government confiscated an issue of the newspaper, Sawt Al Umma which
contained an article critical of the Information Minister.
In 1996 the People's Assembly approved a revised Press Law, following
criticism of a more restrictive revision that had been approved in 1995.
In related action, the People's Assembly also revised certain articles
in the Penal Code pertaining to libel and slander. In addition, in
February the Supreme Constitutional Court declared unconstitutional
Article 195 of the Penal Code under which an editor-in-chief could have
been considered criminally responsible for libel contained in any
portion of the newspaper. The Court ruled that the correct standard of
responsibility should be "negligence." This lesser standard was
subsequently applied by the courts in separate cases.
During the year, family members of senior government officials sued for
libel in two high-profile cases. In July an appeals court upheld an
earlier conviction of Magdy Ahmad Hussein, editor of the Islamic
fundamentalist newspaper, Al Shaab, for libeling Ala'a Alfi, a son of
Interior Minister Hassan Alfi. This conviction involved a 3-year
sentence and a fine of $4,411.76 (15,000 Egyptian pounds). Hussein has
appealed to the Court of Cassation. Separately, other members of the
Alfi family also sued Hussein and fellow Al Shaab journalist Mohammed
Hillal for libel. In January a misdemeanor court combined the cases and
sentenced the two men to a suspended sentence of 1 year. Hussein and
Hillal are appealing this ruling.
On September 13, a misdemeanor court convicted six journalists from the
London-based newspaper Al-Sharq al-Awsat for libel of President
Mubarak's sons, Gamal and Alaa. On December 10, an appellate court
judge dismissed this judgment after Mubarak's sons dropped the charges
following an out-of-court settlement in which the newspaper agreed to
reopen its Cairo office and rehire its Egyptian employees.
Government officials also filed suit against 16 journalists in 6 cases
during the year.
On occasion, based on authority granted to him by law, the public
prosecutor may issue a temporary ban on the publication of news
pertaining to cases involving national security and order so as to
protect the confidentiality of the cases. During the year, the public
prosecutor banned publication of news in at least four instances,
including reporting on the Interior Minister's libel suit against Al
Shaab editor Hussein and the September 18 attack on tourists visiting
the Egyptian museum. The length of the ban is based on the length of
time required for the prosecution to prepare its case.
Various ministries are legally authorized to ban or confiscate books and
other works of art, upon obtaining a court order. The Islamic Research
Center 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 Center has passed judgment on the
suitability of nonreligious books and artistic productions.
In January 1995, 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. The
same year, President Mubarak stated that the Government would not allow
confiscation of books from the market without a court order, a position
supported by the then-Grand Mufti, who is now the Grand Imam of Al
Azhar.
There were no court-ordered confiscations during the year. However, one
book written by Islamist thinker Sayyed Al Qimny was seized by police on
August 16 without a court order, after officials at the Islamic Research
Center at Al Azhar ruled that it should be banned for violating
religious laws and norms. On September 15, a court ruled in favor of
lifting the confiscation and releasing all copies of the book, "The God
of Time."
On May 25, an appeals court upheld a previous decision by a lower court
to sentence author Ala'a Hamed to 1 year in prison and a fine of $58.82
(200 Egyptian pounds) for the pornographic content of his book, "The
Bed." Hamed appealed to the Court of Cassation; on August 3, an appeals
court suspended implementation of his sentence and released him from
jail pending a final ruling.
The Ministry of Interior regularly confiscates leaflets and other works
by Muslim fundamentalists. It also has the authority, which it
exercises sporadically, to stop specific issues of foreign-published
newspapers from entering the country on the grounds of protecting public
order. The Ministry of Defense may ban works about sensitive security
issues.
The Council of Ministers may order the banning of works that it deems
offensive to public morals, detrimental to religion, or likely to cause
a breach of the peace.
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. 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
present during filming, and have the right to review the film before it
is sent out of Egypt.
On August 3, a court dismissed all lawsuits filed against the film, "The
Emigrant," ending a 2-year legal battle. Still pending before an
appeals court is the case against the film, "Birds of Darkness." The
plaintiffs charge that it is insulting to lawyers. Two related cases
against the movie were dropped during the year. On March 21, a court
rejected an attempt to ban the distribution of the film, "Sleeping in
Honey." A group of lawyers filed suit against film director Youssef
Chahine on May 21, charging him with neglecting to obtain the approval
of Al Azhar's Islamic Research Center prior to distribution of his film,
"Destiny." On May 19, an appeals court acquitted two actors formerly
convicted of pornography for their work in the film, "Father of Gold,"
and augmented the fine assessed against the producer to $1,470.59 (5,000
Egyptian pounds).
The Ministry of Information owns and operates all domestic television
productions. In the past, it has censored artistic works that
criticized the Government or dealt with social problems from a
nongovernmental perspective. The Ministry also censored 10 articles of
the English-language weekly The Middle East Times
during the year. Some of the articles had contained allegations of
human rights violations. The Government also expelled the weekly's
publisher, Thomas Cromwell, but cited reasons unrelated to his position
as a journalist for the action. Moderate Muslims and secularist writers
continue to find themselves under legal attack by Islamic extremists.
Cairo University professor Nasr Abu Zeid and his wife continue to live
abroad following the 1996 Court of Cassation ruling that affirmed lower
court judgments that Abu Zeid is an apostate because of his
controversial interpretation of Koranic teachings. In May a member of
the Al Azhar's Islamic Research Center publicly attacked the writings of
Dr. Hassan Hanafy, a professor of philosophy at Cairo University;
however, the Center took no action against Hanafy. The courts have also
ruled against Islamic extremists. On June 29, a misdemeanor court
dismissed a libel suit brought against the magazine Rose Al Yussef for
alleged violations of Islamic norms, and awarded the magazine $5,882.35
(20,000 Egyptian pounds) as compensation. On August 30, a misdemeanor
court dismissed the $500 million suit against the Cable News Network
(CNN); the plaintiffs had accused CNN of defaming Egypt's reputation in
the network's 1994 news report depicting the performance of female
genital mutilation (FGM) on an Egyptian girl.
In January state security forces carried out raids in which they
arrested some 80 middle and upper-class young people, mostly private
school and university students, devoted to heavy metal rock music and
its trappings. According to rumors, they were involved in Satan
worship, marijuana use, and animal sacrifices. Forty-four of those
picked up were remanded to custody, but all were released without charge
after about 2 weeks.
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 in a law
authorizing university presidents to appoint the deans of the various
faculties. Under the previous law, faculty deans were elected by their
peers. The Government has justified the measure as a means to combat
Islamist influence on campus.
b. Freedom of Peaceful Assembly and Association
The Government continues to maintain substantial restrictions on freedom
of assembly. Under a 1923 law, citizens must obtain approval from the
Ministry of Interior before holding public meetings, rallies, and
protest marches. The Interior Ministry selectively obstructs meetings
scheduled to be held on private property, including university campuses.
According to human rights groups, the Government canceled or disrupted
more than 40 meetings during the year, most of which were related to
opposition to the Agrarian Reform Law.
The Government continues to maintain substantial restrictions on freedom
of association. Under law 32 of 1964, the Ministry of Social Affairs
has extensive authority over 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.
Since 1985 the Government has refused 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). 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 30
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 prevent 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.
c. Freedom of Religion
The Constitution provides for freedom of belief and the practice of
religious rites. However, the Government places clear restrictions on
this right. Most Egyptians are Muslim, but at least 10 per cent of the
population, 6 million people, belong to the Coptic Orthodox Church.
There are other small Christian denominations, as well as a Jewish
community numbering fewer than 50 persons.
For the most part, members of the non-Muslim minority worship without
harassment and maintain links with coreligionists abroad. Under the
Constitution, Islam is the official state religion and primary source of
legislation. Accordingly, religious practices that conflict with
Islamic law are prohibited. However, in most matters of family law,
Christians are subject to church law. While neither the Constitution
nor the Civil and Penal Codes prohibit proselytizing, Christians have
been arrested on charges of violating Article 98f of the Penal Code,
which prohibits citizens from ridiculing or insulting heavenly religions
or inciting sectarian strife. There were no reports of such arrests
during the year. Some Christians have complained that the Government
and security forces are lax in protecting Christian lives and property
(see Section 5). There are no legal restrictions on the conversion of
non-Muslims to Islam. However, Muslims may face legal problems if they
convert to another faith. Authorities have charged a few Muslim
converts to Christianity under Article 98f of the Penal Code. In other
cases, authorities have charged converts with violating laws prohibiting
the falsification of documents. In such instances, Muslim converts to
Christianity, who fear government harassment if they seek an official
modification, have themselves altered their identification cards and
other official identity documents to reflect their new religious
affiliation. There were no confirmed reports of individuals detained or
charged during the year under these laws. In January human rights
activist Mamdouh Nakhlah filed suit seeking removal of the religious
affiliation category from identification cards (see below).
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.
In addition, Interior Ministry regulations issued in 1934 specify a set
of 10 conditions that the Government must consider prior to issuance of
a presidential decree permitting construction or renovation of a church.
These conditions include the location of the proposed site, the
religious composition of the surrounding community, and the proximity of
other churches. Although President Mubarak has approved all requests
for permits presented to him (reportedly a total of 230 during his 16-
year tenure), Christians maintain that the Interior Ministry delays, in
some instances indefinitely, submission to the President of their
requests. They also maintain that security forces have blocked them
from utilizing permits that have been issued. In January 1996, human
rights activist Mamdouh Nakhla filed a lawsuit challenging the
constitutionality of the Ottoman Decree and the Interior Ministry
regulations. The case remains before the court.
As a result of these restrictions, some communities use private
buildings and apartments for religious services. During the 1990's, the
Government increased the number of building permits issued to Christian
communities to an average of more than 20 per year, compared with the
average of 5 permits issued annually in the 1980's. However, in 1997
the Government issued only 3 permits for the construction of new
churches and another 3 for repairs and reconstruction. Construction and
renovation approved by previously issued permits continued throughout
the year.
In 1994 the Alexandria government closed two buildings near the city
that had been used by evangelical Christians since 1990 for church
activities. The Government claimed that the church lacked a building
permit. Lawyers for the church argued that the closures violated
previous 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. On September 1, an administrative
court in Alexandria upheld the Government's decision to close the
buildings, stating that the construction of the buildings without
permits violated the building code. The court did not address the issue
of freedom of worship in its decision. The plaintiffs are appealing
this decision.
The Government continued its 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 its intention to bring 10,000 unauthorized
mosques under its control during the year.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
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 the age
of 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.
The Constitution forbids the deportation of citizens and aliens granted
political asylum. Egypt grants first asylum for humanitarian reasons or
in the event of internal turmoil in neighboring countries. Asylum
seekers generally are screened by representatives of the United Nations
High Commissioner for Refugees (UNHCR), whose recommendations regarding
settlement are forwarded to the Ministries of Interior and Foreign
Affairs for final determination. Refugees accepted by the Government
are permitted to live and work but cannot acquire Egyptian citizenship,
with rare exceptions. During the year, the Government accepted more
than 6,000 refugees, including more than 3,000 Somalis and more than
1,500 Sudanese, for temporary resettlement. Although there is no
pattern of abuse of refugees, the Government temporarily detained some
refugees (who had earlier been accorded protection status) during random
security sweeps. Following intervention by the UNHCR, the refugees were
released.
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, citizens do not have a meaningful ability to
change their government.
In 1993 President 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 presented with a choice
among competing presidential candidates. Two opposition parties urged
the public to boycott the referendum, and two other parties urged the
public to vote against the President. The other opposition parties
endorsed the President's candidacy.
More than 100 losing candidates in the fall 1995 legislative elections
filed complaints in the administrative courts, alleging ballot-rigging
and other irregularities. The courts agreed with most of these claims.
Although the judiciary has the authority to determine whether or not
irregularities took place, it does not have the authority to remove an
elected member of the Assembly, a right that the Assembly claims solely
for itself, citing the concept of parliamentary sovereignty. The
Assembly has not called for any new by-elections in response to the
court's judgment, nor is it expected to do so.
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 prepared 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.
There are 13 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 semiofficial 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. No new parties sought approval during the
year. Sixteen parties whose applications have been previously denied
are contesting the decisions.
According to the law, which prohibits political parties based on
religion, the Muslim Brotherhood is an illegal political organization.
Muslim Brothers are publicly known and openly speak their views, but are
subject to government pressure (see Section 1.d.). Some have served in
the Assembly as independents or as members of other recognized parties.
In the April elections to local councils, which range in size from the
smallest government administrative unit to the governorate level, the
NDP won more than 95 percent of the seats. Prior to the actual voting,
the NDP had gained more than 50 percent of the seats by default. Some
opposition parties boycotted the elections, which were characterized by
a low turnout. Local council elections are held every 4 years.
Women and minorities are underrepresented in government and politics.
The Constitution reserves 10 assembly seats for presidential appointees,
which the President traditionally has used to assure representation for
Coptic Christians and women. Five women and no Copts were elected in
1995; of the 10 presidential appointments, 6 were Copts and 4 were
women. The ruling NDP nominated no Coptic candidates in the 1995
parliamentary elections. Two women and 2 Copts serve among the 32
ministers in the Cabinet.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
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 on grounds that it is a political organization and duplicates the
activities of an 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.
The Arab Organization for Human Rights, EOHR's parent organization, has
a longstanding 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.
Despite their nonrecognition, the EOHR and other groups sometimes enjoy
the cooperation of government officials. The Government allows EOHR
field workers to visit prisons in their capacity as legal counsel, to
call on some government officials, and to receive funding from foreign
human rights organizations. Many local and international human rights
activists have concluded, however, that government restrictions on the
activities of NGO's have significantly inhibited reporting on human
rights abuses.
There were no reports during the year that the Government banned
meetings of human rights groups, although the Government on occasion
makes the holding of such meetings difficult. For example, some human
rights organizations have found requests for conference space turned
down for "security reasons" or reservations later canceled for
"maintenance reasons." 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.).
In 1995 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. However, the Government did not
close down any group during the year.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
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.
Women
Family violence against women occurs and is reflected in press accounts
of specific incidents. According to recent statistics, one of every
three women who have ever been married has been beaten at least once
during marriage. Among those who have been beaten, less than half have
ever sought help. In general, neighbors and extended family members
intervene to limit incidents of domestic violence. Abuse within the
family is rarely discussed publicly, due to the value attached to
privacy in this traditional society. Several NGO's have begun offering
counseling, legal aid, and other services to women who are victims of
domestic violence. Rape is known to occur, but reliable statistics are
not available. When "honor killings" (a man murdering a female relative
for her perceived lack of chastity) occur, perpetrators generally
receive lighter punishments than those convicted in other cases of
murder. The law provides for equality of the sexes, but aspects of the
law and many traditional practices discriminate against women. By law,
unmarried women under the age of 21 must have permission from their
fathers to obtain passports and travel; married women of any age require
the same permission from their husbands (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. A
woman's testimony is equal to that of a man's in Egyptian courts.
Laws affecting marriage and personal status generally correspond to an
individual's religion, which is Islam for most citizens. 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. A new marriage
contract for Muslim women was proposed in 1995 to replace the current
one drafted in 1931. It stipulates premarital negotiations on a wide
variety of issues, including the woman's right to work, study and travel
abroad, and divorce settlements. Government approval is still pending.
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 face strong social
pressure to provide for all family members who need assistance. However,
this assistance is not always provided.
Women have employment opportunities in government, medicine, law,
academia, the arts, and, to a lesser degree, in business. According to
government figures, women constitute 17 percent of private business
owners, and occupy 25 percent of the managerial positions in the four
major national banks. Social pressure against women pursuing a career
is strong, and some women's rights advocates 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 and the
traditional male relative's role in enforcing chastity and chaste sexual
conduct.
A number of active women's rights groups work in diverse areas,
including reforming the Personal Status Code, educating women on their
legal rights, combating FGM, and rewriting the marriage contract.
Children
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 widespread, despite the
Government's commitment to eradicate it (see Section 6.d.).
The Government provides public education, which is compulsory for the
first 9 academic years (typically until the age of 15). In education
the Government treats boys and girls equally at all levels of education.
The Government enacted a new Child Law in 1996. The law provides for
more privileges, protection, and care for children in general. Six of
the law's 144 articles set advantageous rules for working children (see
Section 6.d.). Other provisions include: Employers are to set up or
contract with a child care center if they employ more than 100 women;
the right of rehabilitation for disabled children; defendants between
the ages of 16 and 18 may not be sentenced to capital punishment, hard
labor for life, or temporary hard labor; and defendants under the age of
15 may not be placed in preventive custody, although the prosecution may
order that they be lodged in an "observation house" and be summoned upon
request.
The Government remains committed to eradicating the practice of female
genital mutilation, which is widely condemned by international health
experts as damaging to both physical and psychological health. Despite
strong government and community efforts to eradicate FGM, government and
private sources agree that it is common. Traditional and family
pressures remain strong; a recent study places the percentage of
Egyptian women who have undergone FGM at 97 percent. FGM is generally
performed on girls between the ages of 7 and 10, with equal prevalence
among Muslims and Coptic Christians.
The 1996 decree by the Minister of Health and Population Planning
banning the practice of female genital mutilation (FGM) was challenged
in the courts on the grounds that the ban was unconstitutional. On
December 28, the Supreme Administrative Court, the court of last resort
in this matter, upheld the Government's ban. The Government also
supports a range of efforts to educate the public. A discussion of FGM
and its dangers has been added to the curriculum of the school system.
The Government broadcasts television programs condemning the practice.
The Minister of Awqaf (religious endowments) and the Minister of Health
met with 6,500 new imams (Muslim preachers) on August 25 and advised
them that FGM is a bad habit unrelated to Islam. Senior religious
leaders also support efforts to stop the practice. The Sheikh of Al
Azhar, the most senior Islamic figure in the country, and the leader of
the Coptic Christian community, Pope Shenouda, have stated repeatedly
that FGM is not required by religious doctrine. A number of NGO's also
work actively to educate the public about the health hazards of the
practice.
In December a provincial court in Qalyub found Dr. Rabie Ibrahim Mahgoub
guilty of "immense medical negligence" in the death of a 14-year-old
girl on whom he performed FGM in April. The court sentenced Mahgoub to
1 year on jail and a $150 (510 Egyptian pounds) fine for causing her
death.
People with Disabilities
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.
Religious Minorities
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. However,
discrimination against Christians still exists.
The approximately 6 million Coptic Christians are the objects of
occasional violent assaults by Muslim extremists. During the year,
extremists were responsible for killing at least 23 Egyptian Christians,
most in the Minya and Assiyut govenorates, where about 30 to 40 percent
of the inhabitants are Christian (see Section 1.a.). Acts of violence
also were reported against churches and Coptic-owned businesses; some
carried out by extremists, but others committed by ordinary citizens.
Rumors of church repairs or building without permits occasionally
resulted in anti-Christian rioting by citizens. In one incident in the
delta village of Greis, local newspapers reported that two members of
the Muslim Brotherhood claimed that a priest was building a monastery
without government permission. This false rumor, repeated at evening
prayer, incited local residents to set fire to the house on June 18.
Some Christians have complained that the Government is lax in protecting
Christian lives and property. Security forces arrest extremists who
perpetrate violence against Christians, but some members of the
Christian community do not believe that the Government is sufficiently
vigorous in its efforts to prevent attacks. They also maintain that the
Government does little to correct nonviolent forms of discrimination,
including its own.
In general, security forces responded rapidly to attacks against
Christians during the year. The Government also thoroughly investigated
the incidents, filing charges as appropriate. Following the deadly
attack on church youths in Abu Qurqas in February, the Minister of Awqaf
and senior Islamic figures traveled to the site to condemn the action
and to express condolences.
There were reports of forced conversions of Coptic children to Islam,
but even human rights groups find it extremely difficult to determine
the actual degree of compulsion used, as most cases involve a Coptic
girl converting to Islam to marry a Muslim boy. According to the
Government, the girl in such cases must meet with her family, with her
priest, and with the head of her church before she is allowed to
convert. However, there are credible reports of government harassment
of Christian families attempting to regain custody of their daughters,
and of the failure of the authorities to uphold the law that states that
a marriage of a girl under the age of 16 is prohibited and between the
ages of 16 and 21 is illegal without the approval and presence of her
guardian.
Government discriminatory practices include: Suspected statistical
underrepresentation of the size of the Christian population; anti-
Christian discrimination in education; failure to admit Christians into
schools of Arabic studies to become Arabic teachers as the curriculum
involves study of the Koran; job discrimination in the public sector--
the police, the armed forces, and other government agencies; reported
discrimination against Christians in staff appointments at universities;
and their under representation in government. There are no Coptic
governors and no Copts in the upper ranks of the military or police.
There were no anti-Christian television programs during the year.
In November more than 100 leading Egyptians, including university
professors, members of the People's Assembly and Shura Council,
journalists, artists, and NGO activists, signed a public statement that
acknowledged discrimination against Christians. This "Declaration to
the Nation" ran in Al-Shaab, an opposition newspaper often critical of
the Government, which is published by the minority Labor Party. The
statement, which Al-Shaab ran for free with 50 signatures on November 7,
and again with an additional 50 signatures on November 21, acknowledged
that Christians suffer from discrimination, but it stated that the
Egyptian people and authorities had to resolve these problems within an
"Egyptian framework." The statement also rejected foreign criticism and
interference in this area.
Anti-Semitism in the Egyptian press is found primarily, but not
exclusively, in the nonofficial press of the opposition parties. The
Government has condemned anti-Semitism and advised journalists and
cartoonists to avoid anti-Semitism. There have been no anti-Semitic
incidents in recent years directed at the tiny Jewish community.
Section 6 Worker Rights
a. The Right of Association
Workers may join trade unions but are not required to do so. A union
local, or workers' committee, may be formed if 50 employees express a
desire to organize. Most union members, about 27 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.
There are 23 trade unions, all required to belong to the Egyptian Trade
Union Federation (ETUF), the sole legally recognized labor federation.
The International Labor Organization's Committee of Experts 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 or the Shura Council. They speak
vigorously on behalf of worker concerns, but public confrontations
between the ETUF and the Government are rare. Disputes are more often
resolved by consensus behind closed doors.
The labor laws do not adequately provide statutory authorization for the
rights to strike and to engage in collective bargaining. Even though
the right to strike is not provided, strikes occur. The Government
considers strikes a form of public disturbance and hence illegal.
A limited number of strikes took place in the public sector during the
year, mainly over wage and dismissal questions. Local security forces
used tear gas and physical force on June 18 to break up a strike
involving hundreds of employees at Zagazig University, located 50 miles
east of Cairo. One employee was reportedly seriously harmed by exposure
to tear gas, but the person recovered.
Some unions within the ETUF are affiliated with international trade
union organizations. Others are in the process of becoming affiliated.
b. The Right to Organize and Bargain Collectively
Under the 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.
Firms in the private sector generally do not adhere to such government-
mandated standards. Although they are required to observe some
government practices, such as the minimum wage, social security
insurance, and official holidays, they often do not adhere to government
practice in non-binding matters, including award of the annual Labor Day
bonus.
Labor law and practice are the same in the export processing zones
(EPZ's) as in the rest of the country.
c. Prohibition of Forced or Compulsory Labor
Article 13 of the Constitution prohibits forced labor. However, the
Criminal Code authorizes sentences of hard labor for some crimes.
Although the law does not specifically prohibit forced and bonded labor
by children, such practices are not known to occur (see Section 6.d.).
d. Status of Child Labor Practices and Minimum Age for
Employment
Under the Child Law approved in 1996 (see Section 5), the minimum age
for employment is 14 in nonagricultural work. Provincial governors,
with the approval of the Minister of Agriculture, can authorize seasonal
work for children between the ages of 12 and 14, provided that duties
are not hazardous and do not interfere with schooling. Preemployment
training for children under the age of 12 is prohibited. It is
prohibited for children to work for more than 6 hours a day, including
one or more breaks totaling at least 1 hour. Children are not to work
overtime, during their weekly day off, between 8 p.m. and 7 a.m., or
more than 4 hours continuously. Education is compulsory for the first 9
academic years (typically until the age of 15). Ministry of Health
figures indicate 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 apprentices in repair and
craft shops, in heavier industries such as brick making and textiles,
and as workers in leather and carpet making factories. 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. Many of these
children are abused and overworked by their employers, and the
restrictions in the new Child Law have not improved their condition due
to lax enforcement on the part of the Government. Although the law does
not specifically prohibit forced and bonded labor by children, such
practices are not known to occur (see Section 6.c).
Two accidents involving child agricultural workers during the year
highlighted the problem of enforcement. On September 21, 29 children
were drowned and 56 were injured when a truck crashed into a canal in
Kfar Sheikh. More than 100 children, ranging in age from 5 to 15, were
being transported in the truck to pick cotton. On October 1, six
children were drowned in a similar truck accident in Dakhaliya. Ranging
in age from 5 to 15, they too were harvesting cotton.
e. Acceptable Conditions of Work
For government and public-sector employees, the minimum wage is
approximately $28 (about 95 Egyptian pounds) a month for a 6-day, 42-
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.
The average worker and family could not 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.
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 workers have the right to remove
themselves from hazardous conditions without risking loss of employment.
(###)
25
EGYPT
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For more information send mail to webmaster@hsje.org with questions or comments about this web site. Copyright � 1999-2008. Historical Society of Jews From Egypt What is Copyright Protection? Stanford Copyright & Fair Use - Primary Materials |
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For more information send mail to webmaster@hsje.org with questions or comments about this web site. Copyright � 1999-2008. Historical Society of Jews From Egypt What is Copyright Protection? Stanford Copyright & Fair Use - Primary Materials |
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For more information send mail to webmaster@hsje.org with questions or comments about this web site. Copyright � 1999-2008. Historical Society of Jews From Egypt What is Copyright Protection? Stanford Copyright & Fair Use - Primary Materials |
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For more information send mail to webmaster@hsje.org with questions or comments about this web site. Copyright � 1999-2008. Historical Society of Jews From Egypt What is Copyright Protection? Stanford Copyright & Fair Use - Primary Materials |