Human rights

Human rights

Introduction:

The issue of human rights is one of the main issues currently raised on the political arena with a top priority on both local and global agenda. By the end of World War II, there arose a dire need to achieve world peace and global balance on the world arena.

As many peoples were seeking their independence and establishing their states, there emerged many international institutions and bodies concerned with human rights and the basic freedoms; resulting in the conclusion of a host of international agreements and declarations in various aspects of human rights.

On the local level, Egypt has keenly sought to participate in all international efforts on issues pertaining to human rights, woman and human development as part of an overall modernization process, which began since the early 20^th century.

As a sign of its civiilized commitment to and respect for human rights issues, Egypt has set up the National Council for Motherhood and Childhood (NCMC) in 1989, followed by the National Committee for Women in 1993, the National Council for Women (NCW) in 2000 and the National Council for Human Rights (NCHR) in 2003.

Egypt was also among the first countries to sign the international agreement on child rights in December 1989. It further declared its first decade for the child protection (1989-1999).

The issue of human rights in Egypt has also drawn a remarkable attention over the past few years as part of an increasing international interest in human rights and a rise in the number of the Non-Government Organizations (NGOs) and civil society organizations operating in the same field.

The human rights situation in Egypt calls for examining the human rights issues politically and legally by handling the following issues:

• Human rights in Egyptian history

• International agreements and covenants acceded by Egypt.

• Human rights in the Egyptian Constitution.

• Major bodies and institutions operating in the field of human rights in Egypt.

I: Human rights in Egyptian history

The Egyptian Pharaonic civilization had earliest of all civilizations showing respect for human rights through ages. Ancient Egyptians were the first to acknowledge man's right to life. As a case in point, they used to defer execution of a convicted pregnant woman till she had given birth to her baby.

Ancient Egyptians also applied the principle of equality among all citizens as all Egyptians were equal before the law, without distinction between rich and poor, the free people and the slavemen or between the nationals and the foreigners.

As to education, Pharaonic Egypt encouraged both males and females to get proper education.

When Christianity came to Egypt, the Egyptians found in its tolerant teachings salvation from the injustice practiced by the Romans.

The Islamic religion has called for equality among all people and liberation of all human beings from all economic, political and social burdens.

II: Egypt's accession to international agreements and covenants on human rights:

1- International agreements on human rights acceded by Egypt:

A- The anti-slavery agreement of 1926 and its amendment protocol of 1953 as well as the complementary agreement of 1956.

B- The international anti-genocide treaty, signed in 1948.

C- Both agreements on Corvee of 1930, 1957 (International Labor Organizations agreements No. 29, 105)

D- The International Agreement on the Prevention of Women and Children Trafficking of 1950.

E- The International Agreement on the Elimination of all Forms of Racial Discrimination of 1966.

F- The International Agreements on th eProhibition and Punishment for Racial Discrimination (United Nations, 1973).

G- The Convention on Refugees' Status (United Nations, 1951).

H- The Protocol amending the International Convention Refugees' Status (United Nations, 1967).

I- The International Covenant on Political and Civil Rights (United Nations, 1966).

- The International Covenant on Cultural, Social and Economic Rights (United Nations, 1966).

K- The International Convention on the Prevention of all Forms of Discrimination against Women (United Nations, 1967).

L- The international Convention on Women's Political Rights (United Nations, 1953).

M- The International Convention on combating torture and other Forms of Cruel, Inhuman or Humiliating Treatment (United Nations, 1984).

N- The International Convention on Child Rights (United Nations, 1990).

O- The International Convention on combating Racial Segregation in Sports (United Nations, 1985).

P- The International Convention on the Rights of Immigrant workers and Family members.

Q- The Optional Protocol to the Convention on Child Rights with regard to Trafficking and Exploiting Children in Prostitution and Pornography (Geneva, 2000).

R- The Optional Protocol to the Convention on Child Rights with regard to child participation in armed conflict (Geneva, 2004).

2- Regional human rights agreements acceded by Egypt:

A- The African Charter on Human and Peoples' Rights, 1980.

B- The Arab Charter on Child Rights, 1983.

C- The African Charter on Child Rights and Welfare, Addis Ababa, 2001.

III: Human rights in the Egyptian Constitution:

1- Human rights principles as included in the First Chapter of the Constitution:

The First Chapter of the Constitution handled all matters related to the State including the following human rights principles:

A- People are the source of powers:

This principle is enshrined in Article 3 of the Constitution, which stipulates that: “Sovereignty is for the people alone and they are the source of authority.

The people shall exercise and protect this sovereignty, and safeguard national unity in the manner specified in the Constitution.

B- The principle of political freedom:

This principle is enshrined in Article 4 of the Constitution, which stipulates that: "The political system of the Arab Republic of Egypt is a multiparty one, within the framework of the basic elements and principles of the Egyptian society as stipulated in the Constitution. Political parties are regulated by law.

C- The nationality right principle:

This principle is enshrined in Article 6 of the Constitution, which stipulates that: "Egyptian nationality is defined by the law."

2- The human rights principles as included in the Second Chapter of the Constitution:

The Second Chapter of the Constitution, entitled " BASIC CONSTITUENTS OF THE SOCIETY”, handles some of the human rights principles as follows:

1- The principle of equal opportunities and just distribution of public burdens:

This principle is mentioned in Article 8 of the Constitution, which stipulates that: “The State shall guarantee equality of opportunity to all citizens.

2- The principle of family, motherhood and childhood protection as well as youth welfare:

This principle is enshrined in Articles No. 9&10 of the Constitution. Article No. 9 stipulates that:" The family is the basis of the society founded on religion, morality and patriotism."

"The State is keen to preserve the genuine character of the Egyptian family-with what it embodies of values and traditions-while affirming and developing this character in the relations within the Egyptian society."

Article No. 10 stipulates that:" The State shall guarantee the protection of motherhood and childhood, take care of children and youth and provide the suitable conditions for the development of their talents."

C- The principle of equality between man and woman:

This principle is enshrined in Article No. 11 of the Constitution, which stipulates that: “The State shall guarantee the proper coordination between the duties of woman towards the family and her work in the society, considering her equal with man in the fields of political, social, cultural and economic life without violation of the rules of Islamic jurisprudence."

D- The principle of right to work and prevention of forced labour:

This principle is enshrined in Article No. 13 of the Constitution, which stipulates that: “Work is right, a duty and an honour ensured by the State.

Workers who excel in their field of work shall receive the appreciation of the State and the society.

No work shall be imposed on the citizens, except by virtue of the law, for the performance of a public service and in return for a fair remuneration."

E- The right to assume public jobs:
This principle is enshrined in Article No. 14 of the Constitution, which stipulates that: “Public offices are the right of all citizens and an assignment for their occupants in the service of the people.

The State guarantees their (the occupants) protection and the performance of their duties in safeguarding the interests of the people.

They may not be dismissed by other than the disciplinary way, except in the cases specified by the law."

F- The principle of providing health, social and cultural services as well as social insurance:

This principle is enshrined in Articles No. 16 &17 of the Constitution. Article No. 16 stipulates that: “The State shall guarantee cultural, social and health services, and work to ensure them for the villages in particular in an easy and regular manner in order to raise their standard."

Article No. 17 stipulates that “The State- shall guarantee social and health insurance services and all the citizens have the right to pensions in cases of incapacity, unemployment and old-age, in accordance with the law."

G- The principle of free education in the different grades as well as making it obligatory in the primary grade:

This principle is enshrined in Articles No. 18&20 of the Constitution. Article No. 18 stipulates that:" Education is a right guaranteed by the State."

"It is obligatory in the primary stage and the State shall work to extend obligation to other stages."

"The State shall supervise all branches of education and guarantee the independence of universities and scientific research centres, with a view to linking all this with the requirements of society and production."

Article No. 20 stipulates that: " Education in the State educational institutions shall be free of charge in its various stages.”

H- The principle of equitable distribution of national income, guaranteeing a minimum level of wages, solving the unemployment problem and improving living standards:

This principle is mentioned in Articles No. 23&25 of the Constitution. Article No. 23 stipulates that: “The national economy shall be organised in accordance with a comprehensive development plan which ensures raising the national income, fair distribution, raising the standard of living, eliminating unemployment, increasing work opportunities, connecting wages with production, fixing a minimum and a maximum limit for wages in a manner which guarantees lessening the disparities between incomes."

Article No. 25 stipulates that: “Every citizen shall have a share in the national revenue to be defined by the law in accordance with his work or his unexploiting ownership."

I- The right of safeguarding the private property:

This principle is enshrined in Articles No. 34&35 of the Constitution. Article No. 34 stipulates that: “Private ownership shall be safeguarded and may not be put under sequestration except in the cases specified in the law and with a judicial decision. It may not be expropriated except for the general good and against a fair compensation in accordance with the law. The right of inheritance is guaranteed in it."

Article No. 36 stipulates that: “General sequestration of funds shall be prohibited."

"Private sequestration shall not be allowed except with a judicial decision."

3- The human rights principles as included in the Third Chapter of the Constitution:

The Third Chapter, entitled “PUBLIC FREEDOMS, RIGHTS AND DUTIES”, tackles many principles established in the international covenants on human rights as follows:

A- Achieving equality in terms of rights and duties and making no segregation or racial discrimination:

This principle is enshrined in Article 40 of the Constitution, which stipulates that: “All citizens are equal before the law. They have equal public rights and duties without discrimination between them due to race, ethnic origin, language, religion or creed."

B- The principle of right and protection of freedom:

This principle is endorsed in Article No. 41 of the Constitution, stipulating that: “Individual freedom is a natural right and shall not be touched.”

C- The principle of treating those undergoing restricted freedoms in a way that safeguards their honor and prevention of their physical or moral torture or jail in places of detention beyond prison laws. In addition, evidence taken by force or under threat shall not be considered valid:

This principle is enshrined in Article No. 42 of the Constitution, which stipulates that: “Any person arrested, detained or his freedom restricted shall be treated in the manner concomitant with the preservation of his dignity."

"No physical or moral harm is to be inflicted upon him."

"He may not be detained or imprisoned except in places defined by laws organising prisons."

"If a confession is proved to have been made by a person under any of the aforementioned forms of duress or coercion, it shall be considered invalid and futile."

D- The principle of the inadmissibility of performing scientific or medical experiments on man against his free will:

This principle is enshrined in Article No. 43 of the Constitution, which stipulates that: “Any medical or scientific experiment may not be undergone on any person without his free consent.”

E- The principle of the sanctity of home and respect of the citizen's privacy:

This principle is enshrined in Articles No. 44&45. Article No. 44 stipulates that: “Homes shall have their sanctity and they may not be entered or inspected except by a causal judicial warrant prescribed by the law.”

Article No. 45 stipulates that: “The law shall protect the inviolability of the private life of citizens."

"Correspondence, wires, telephone calls an other means of communication shall have their own sanctity and secrecy and may not be confiscated or monitored except by a causal judicial warrant and for a definite period according to the provisions of the law."

F- The principle of the freedom of belief and free practice of religious rituals:

This principle is enshrined in Article No. 46 of the Constitution, which stipulates that: “The State shall guarantee the freedom of belief and the freedom of practice of religious rites.”

G- The principle of freedom of opinion, expression, mass media and publication:

This principle is enshrined in Articles No. 47&48 of the Constitution. Article No. 47 stipulates that: “Freedom of opinion is guaranteed."

"Every individual has the right to express his opinion and to publicise it verbally or in writing or by photography or by other means within the limits of the law."

"Self-criticism and constructive criticism is the guarantee for the safety of the national structure."

Article No. 48 stipulates that: “Freedom of the press, printing, publication and mass media shall be guaranteed."

"Censorship on newspapers is forbidden as well as notifying, suspending or cancelling them by administrative methods."

"In a state of emergency or in time of war a limited censorship may be imposed on the newspapers, publications and mass media in matters related to public safety or purposes of national security in accordance with the law."

H- The principle of freedom of scientific research and cultural, artistic and literary innovation:

This principle is enshrined in Article No. 49 of the Constitution. It stipulates that: “The State shall guarantee the freedom of scientific research and literary, artistic and cultural invention and provide the necessary means for its realization."

I- The principle of free movement and inadmissibility of citizen's deportation:

This principle is mentioned in Articles No. 50&51 of the Constitution. Article No. 50 stipulates that: “No citizen may be prohibited from residing in any place and no citizen may be forced to reside in a particular place, except in the cases defined by the law.”

Article No. 51 stipulates that: “No citizen may be deported from the country or prevented from returning to it.”

J- The principle of granting the right of political asylum to foreign refugees, who are suppressed due to defending the peoples' interest, human rights, peace and justice and banning the extradition of any political refugee:

This principle is enshrined in Article No. 53 of the Constitution, which stipulates that: “The right to political asylum shall be guaranteed by the State for every foreigner persecuted for defending the peoples' interests, human rights, peace or justice."

"The extradition of political refugees is prohibited."

K- The principle of right to private assembly:

This principle is enshrined in Article No. 54 of the Constitution, which stipulates that: “Citizens shall have the right to peaceable and unarmed private assembly, without the need for prior notice."

"Security men should not attend these private meetings."

"Public meetings, processions and gatherings are allowed within the limits of the law."

L- The principle of right to participate in and form societies:

This principle is enshrined in Article No. 55 of the Constitution, which stipulates that: “Citizens shall have the right to form societies as defined in the law."

"The establishment of societies whose activities are hostile to the social system, clandestine or have a military character is prohibited."

M- The principle of right to establish unions and syndicates:

This principle is enshrined in Article No. 56 of the Constitution, which stipulates that: “The creation of syndicates and unions on a democratic basis is a right guaranteed by law, and should have a moral entity."

"The law regulates the participation of syndicates and unions in carrying out the social programmes and plans, raising the standard of efficiency, consolidating the socialist behavior among their members, and safeguarding their funds."

"They are responsible for questioning their members about their behavior in exercising their activities according to certain codes of morals, and for defending the rights and liberties of their members as defined in the law."

N- The principle of right to run for elections:

This principle is enshrined in Article No. 62 of the Constitution, which stipulates that: “Citizens shall have the right to vote, nominate and express their opinions in referendums according to the provisions of the law."

"Their participation in public life is a national duty."

4- The human rights principles as included in the Fourth Chapter of the Constitution:

The Fourth Chapter of the Constitution, entitled “SOVEREIGNTY OF THE LAW”, contains many important aspects pertaining to human rights and freedoms as follows:

A- The principle of the judiciary independence and immunity:

This principle is enshrined in Article No. 65 of the Constitution, which stipulates that: “The State shall be subject to law."

"The independence and immunity of the judiciary are two basic guarantees to safeguard rights and liberties."

B- The principle of individuality of the penalty and that no crime or penalty is to be applied unless under a law. In addition, no penalty is to take effect unless under a judiciary ruling:

This principle is enshrined in Article No. 66 of the Constitution, which stipulates that: “Penalty shall be personal."

"There shall be no crime or penalty except by virtue of the law."

"No penalty shall be inflicted except by a judicial sentence."

"Penalty shall be inflicted only for acts committed subsequent to the promulgation of the law prescribing them."

C- The principle of the innocence of the accused until proven guilty under legal prosecution that guarantees his right to defend himself:

This principle is enshrined in Article No. 67 of the Constitution, which stipulates that: “Any defendant is innocent until he is proved guilty before a legal court, in which he is granted the right to defend himself."

"Every person accused of a crime must be provided with counsel for his defense."

D- The principle of right of litigation to all people, resorting to court, guaranteeing speedy rulings in legal cases and banning the exclusion of actions from the censorship of the judiciary:

This principle is enshrined in Article No. 68 of the Constitution, which stipulates that: “The right to litigation is inalienable for all, and every citizen has the right to refer to his competent judge."

"The State shall guarantee the accessibility of the judicature organs to litigants, and the rapidity of statuting on cases."

"Any provision in the law stipulating the immunity of any act or administrative decision from the control of the judicature is prohibited."

E- The principle of the right to self-defense and affording it to those financially unable to do so:

This principle is enshrined in Article No. 69 of the Constitution, which stipulates that: “The right of defense in person or by mandate is guaranteed."

"The Law shall grant the financially incapable citizens the means to resort to justice and defend their rights."

G- The right to take immediate action due to arrest or to communicate with those who can do an action and the right to complain to the concerned parties:

This principle is enshrined in Article No. 71 of the Constitution, which stipulates that: “Any person arrested or detained should be informed, forthwith with the reasons for his arrest or detention."

"He has the right to communicate, inform, and ask the help of anyone as prescribed in the law."

"He must be faced, as soon as possible, with the charges directed against him."

"Any person may lodge a complaint to the courts against any measure taken to restrict his individual freedom."

"The law regulates the right of complaint in a manner ensuring a ruling regarding it within a definite period, or else release is imperative."

Fourth: Major human rights organizations and institutions operating in Egypt

1- Governmental organizations: -

"The National Council for Human Rights"

It was set up on June 12, 2003 under law No. 94 of 2003. Affiliated to the Shura Council, it aims at the promotion and protection of the human rights values, promoting awareness of human rights values and guaranteeing their freedom.
The Council is chaired by Dr. Boutrus Ghali with Dr. Ahmed Kamal Abul-Magd as Deputy-Chief and 25 public figures as members.

Goals:
The Council is seen as a new step to enhance democracy and ensure freedom of citizens from the standpoint of human rights, party pluralism, public freedoms and political reform. It aims at:-

- Protecting the Egyptian rights at home and promoting Egypt's image abroad by seeking to abolish all freedom-restricting legislations.
- Cooperating with human rights non-governmental organizations in Egypt which shoulder heavy burdens in this domain.

Its importance:
Egypt has always been keen on respecting human rights and strictly confronting any related individual violations that may occur. The need to establish a national institution to play a key role in this regard had been raised. The establishment of the National Council for Human Rights to tackle the practical, academic and legal sides of the human rights came as a forwardable response.

I: On practical terms
The Council monitors any violations in human rights and receives complaints regarding violations anywhere in Egypt.

II: On academic terms
The Council organizes seminars to raise awareness on human rights and individuals' rights and duties.

III: On legal terms
Under the new world order and globalization era, the international community is working to ensure respect to the rules of human rights and guarantee their application by all countries. The National Council for Human Rights is able to follow up and catch up with international development in the field of human rights.

Functions:-
- To lay down a national action plan to reinforce and develop the protection of human rights and propose useful means to achieve this plan.
- To receive complaints from citizens and organizations and channel them to concerned authorities.
- To follow up the ratification of international conventions and agreements related to human rights.
- To join Egyptian delegations to the national and international fora concerned with human rights. In addition, the council takes part in preparing country reports that required to be periodically submitted to UN human rights' commissions and other agencies in application of the international accords.
- To coordinate with state institutions concerned with human rights.
- To participate in disseminating the human rights cultures and raising citizens' awareness of the human rights values.

2- Non-governmental Societies:-
Acknowledging the civil society role in the field of human rights and other social and political fields, the state gave the opportunity for individuals and groups to establish NGOs to work in the field of human rights with full freedom.

A case in point of these societies are:

A- The Egyptian Organization for Human Rights (EOHR):

EOHR was established in 1985 by a group of journalists and public figures interested in the field of human rights.

Goals:-

It aims at enhancing respect to the human rights and basic freedoms in a way to goes in line with tenets of divine religions and the basic principles of the Universal Declaration on Human Rights and other International Conventions. It also works for defending individuals' rights against violations and abuses of these covenants and deepening citizens' awareness of their lawful rights, regardless of their creed or political affiliation.

Since 1990, the organization has issued annual reports on human rights in Egypt. It also issues a bulletin and statements reporting an forms of human rights violations.

B- Arab Organization for Human Rights

It was established in 1983. The first meeting of the AOHR founding committee was held on Dec. 1, 1983 in Cyprus. Its first plenary session met in Khartoum on January 30-31, 1987.

Goals:-

It aims at promoting respect to human and peoples' rights and the political freedoms in the Arab home for all citizens in accordance with the principles of the World Declaration of Human Rights and other related international charters. It also works for defending rights of individuals and groups against any violations.

C- The Arab Program for Human Rights Activists:

The Arab program for human rights activists was established in March 1997.

Goals:

- Protecting human rights activists against violations.
- Working with human rights activists to exchange experiences and skills and provide mutual protection against human rights violations.

D- Cairo Center for Human Rights Studies:

The Cairo Center for Human Rights Studies is a scientific, research and intellectual institution.

Goals:

- Bolstering human rights in the Arab world.
- Analyzing difficulties that block the application of international human rights law and disseminating human rights culture in the Arab societies.
- Promoting human rights culture.
- Drawing up scientific and educational programs and holding conferences, seminars and workshops on human rights.
http://www.sis.gov.eg