Report on Human Rights
Practices for 1997Egypt
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.
U.S. State Department Report on Human Rights Practices
for 1997.
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