Introduction |
It is a unitary and presidential republic whose president, as head of State and supreme commander of the country's armed forces, represents the executive power chosen in general elections for a period of six years. There is no constitutional limit regarding a president's number of consecutive mandates.
The Suez Canal is one of its main sources of income. In the first quarter of 2010, it contributed 380 million dollars to the national budget. Another source is the export of natural gas. Recognised reserves stand at 1,890 million cubic metres, which make Egypt the sixth world exporter of gas. Tourism employs 15% of the workforce.
From 25 January 2011, a series of events have caused a radical change in Egypt's political situation. Since then there have been demonstrations, strikes, the occupation of public spaces (especially in Tahrir Square, Cairo), elimination of symbols of power and confrontations with the forces of law and order. As in Tunisia, events precipitated due to abuse by the forces of order, to prevailing corruption and the persistent state of emergency enabling all kinds of violations of fundamental rights. Other triggering elements that must not be ignored are growing unemployment, particularly among young people, the increased cost of essential items, the lack of freedom of expression. The principle demand of the demonstrators was to renounce President Mubarak, in power since 14 October1981, the transition to democracy and for a more just distribution of the country's resources and wealth. The demonstrations in the public square brought together people from different socio-economic means and gave rise to the largest popular movement in Egypt's recent history.
On 28 January, while the demonstration was going on, challenging the curfew established by the government, President Mubarak gave a speech which was both threatening and disconnected from reality. Subsequently, a new government, led by Ahmed Chafik, ex commander-in-chief of aviation, was appointed. Omar Souleiman, head of the Egyptian intelligent service was appointed vice-president, a post which has been vacant since 1981. These appointments tended to perpetuate the dominant role of the army in Egyptian political life.
On 11 February 2011, President Hosni Mubarak finally submitted his resignation.
The transition process continues and simultaneously demands political change (the dissolution of the National Democratic Party-NDP which was in power, the fight against the corruption of the leaders, the establishment of transparent election processes, the trial of Mubarak and several of his relatives and ministers) and social demands (better salaries and working conditions, social protection, effective measures to combat poverty, unemployment, for a quality education for all, etc.).
In May 2011, the Muslim Brotherhood, the country's largest Islamic group, announced that it will not put forward a candidate for the presidential elections but hopes to win half of the seats in Parliament.
It is hoped that the liberalisation process currently underway leads to a real democratisation of the country, subjected to an authoritarian regime for many years in which power was predominantly in the hands of the army.
The Constitution recognises the independence of the judicial power, but the president may invoke the Emergency Law, which permits any case to be sent to the military or special courts. Judges are appointed for life by the President with the recommendation of the Supreme Judicial Council. In April 2011, Human Rights Watch reported that 28 civilians arrested in Tahrir Square in Cairo on 12 April 2011 were tried before a military court. The Supreme Council of the Armed Forces has tried over 5,000 civilians in military courts since February, including many arrested during the peaceful protests, which constitutes a violation of a fundamental right to a fair trial. At the same time, high officials from ex President Mubarak's Government are being tried before civil courts for charges of corruption and excessive use of excessive force against demonstrators.
Amnesty International has asked the Egyptian authorities to prosecute those who murderered protesters. Afterwards it was reported that ex-President Hosni Mubarak and his two sons are being tried. The three, along with Hussein Salem, have been accused of the "premeditated murder of some participants in the peaceful protests of January 2011"
The reports cite the existence of a significant number of political prisoners and the practice of torture by the police. Impunity is an additional problem. The UN Committee against Torture has indicated to the government on repeated occasions that it must put an end to the state of emergency and accept the visit from the United Nations' Special Rapporteur on Torture.
The public perception of corruption in the executive and in the legislative is widespread. Transparency International , in the Corruption Perception Index 2010, puts Egypt in 98th place among 178 countries, with 3.1 points on a scale of 0 to 10.
Freedom of expression and of the press is formally guaranteed, but it is very limited in practice. Journalists and authors have been tried for slander and for expressing opinions about political and religious issues, which leads to the practice of self-censorship. Theatre plays and films are censured. Access to the Internet is controlled, and people who carry out activities on the Internet are detained. The government scrutinises the correspondence of militant politicians, journalists and writers. There are no laws regarding public access to government information.
When the authorities tried to block messages being sent out of the country during the protests, some Egyptians created new paths of communication using old technologies When the Government shut down access to the web, citizens began to use DSL telephone access, to share modems and assemble a network of independent connections that would enable them to avoid the official Egyptian networks. The fax machine has also proved to be a useful tool for distributing information inside and outside the country. Many people considered the fax to be out-dated technology, but it has shown its usefulness for those lacking more modern communication tools. And once the mobile telephone service was re-established, Egyptian citizens started to talk through the computer.
The law does not prohibit trafficking in persons, and it is a common occurrence from Egypt to Europe. The IOM reports that irregular migration of unaccompanied minors from Egypt to Italy has reached worrying levels in recent years, constituting a new social phenomenon.
Joy Ngozi Ezeilo, the United Nations Special Rapporteur on trafficking in persons, especially women and children , asked Egypt to take measures to combat human trafficking, which includes a list of social ills ranging from child labour to sexual exploitation. In April 2010, the Rapporteur carried out a mission in the country and held conversations with Government officials and representatives from civil society. In her report, she identified in Egypt common forms of trafficking in persons that include sexual exploitation of underage girls through seasonal/temporary marriages, child labour, domestic servitude and prostitution". (...) "There is an increasing tendency towards economic and sexual exploitation of Egyptian girls (...) This type of marriage at times produces a smoke screen for the provision of sexual services to foreign men." Ngozi Ezeilo said that the problem is not well recognised or heeded and called upon Egypt to provide comprehensive training programmes to improve awareness of trafficking in persons and to confront the causes of trafficking: poverty, unemployment, scant education and gender discrimination.
The noted prevalence of HIV/AIDS in Egypt is low (between 2,900 and 13,000 people) but there is very limited access to information and very few effective or widespread provisions for people living with HIV/AIDS. In the majority of noted cases, transmission occurs through heterosexual relationships, 90% of Egyptian women living with the virus were infected by their partners. Girls and women are particularly vulnerable to HIV, since social norms in Egypt hinder access to information on sexuality.
People suspected of being homosexuals are detained under accusations of licentiousness, and reports cite the humiliation and abuse they suffer during their detention. The law does not explicitly class homosexuality as a crime, however, since 2000; certain laws have been used to impose the equivalent of a de facto prohibition of homosexuality. Egyptian law only recognises marriage between a man and a woman. Reports suggest that if a relationship between persons of the same sex became public, the police could use it as evidence in a criminal prosecution under different laws that combat Satanism, prostitution and public immorality.
|
|
Gender Equality
|
The law recognises gender equality, but traditional practice discriminates against women. The rules governing matrimony and personal rights depend on each person's religion. A Muslim woman may divorce without her husband's permission, but she must forgo all of her financial rights. The Orthodox Coptic Church only allows divorce in specific circumstances, such as in the case of adultery or conversion of one spouse to another religion. A Muslim woman inherits half the amount of a male heir; Christian widows of Muslims have no inheritance rights. A sole female heir receives some of her parents' estate, the balance going to male relatives. Sexual harassment is not prohibited by law. Abuse that takes place within the family is not debated publically, and the police and judicial power give integrity of the family priority over the well-being of the woman. The law does not specifically address honour crimes, and perpetrators receive a lesser sentence than those imposed in other murder cases. Female genital mutilation (FGM) is a widespread problem despite attempts to eliminate this practice. 60% of girls aged 10-13 run the risk of suffering FGM. The increased rate of illiteracy prevents programmes educating women about the dangers of FGM. Prostitution and sexual tourism are illegal but they do exist.
Women still suffer discrimination, violence and sexual harassment. They suffer discrimination in the deprived neighbourhoods when they are allocated alternative housing during evictions. When the husband is absent, the local authorities demand that women provide proof of their civil status or face the possibility of being refused housing. In February 2010, in their final observations, the follow-up CEDAW Committee urged the Government to lift its reservations to articles 2 and 16 of the Convention, to the immediate revision of laws discriminating against women, and to strengthen the mechanisms for submitting legal complaints so that women have access to justice. The Committee also urged the Government to adopt a general law that would class all kinds of violence against women as a crime, including domestic violence, marital rape and crimes committed in the name of "honour". However, until now, no measures have been taken to apply these recommendations.
In June 2011, Amnesty International said that the Egyptian authorities must bring to justice those responsible for carrying out "forced virginity tests" on women demonstrators. A senior Egyptian official acknowledged that women detained on 9 March 2011 in Tahrir Square in Cairo were obliged to undergo "virginity tests", which the Government had previously denied. The official, who spoke anonymously, justified the abuse saying that the women "were not like your daughter or mine". These were young women who had been in tents with male demonstrators." Amnesty international gathered testimonies from women demonstrators forced to have the "virginity tests" and sent a message to the new government, the Supreme Council of Egypt, requesting an investigation into the actions of the armed forces. However, it has still not received any response.
|
|
Trade Union Rights
|
The right to form and join trade unions is severely restricted by law given that there is a single legally recognised national trade union board, the Egyptian Trade Union Federation (ETUF), under which all trade unions must act. The ETUF traditionally maintained close links with the party in power and controlled the appointment procedures and election of the union management posts. The workers who are unionised outside the ETUF cannot just be sacked, but the Labour Code stipulates that an employer may legally sack a worker without having to give any reason.
There is not much room for collective bargaining in the private sector, and a collective agreement is only valid if it conforms to the Law on public order or general ethics - a vague notion that gives rise to abuse. Legal strikes are practically impossible. The law only permits a limited form of strike action in "non-strategic" installations, the list of which is determined by the Prime Minister and exceeds the definition of the ILO's essential services. Furthermore, all strikes must be approved by two-thirds of the ETUF Council and the trade union must specify in advance the expected duration of the strike.
On 14 February 2009, a teacher belonging to the Centre for Trade Union and Workers' Services (CTUWS) was arbitrarily transferred without any explanation. Mr Atef Mahmoud Mohammed Esmael, teacher at El Hibalat primary school, and one of the most active CTUWS members in the Qena governorate, was transferred to the Abu Shosha School, a three hour journey from his home. The decision was issued by the Director of Abu Tesht Educational Administration, and no specific reason was given. The headmaster of El Hibalat primary school refused to give Mr Esmael a copy of the decision and told him that he had to be transferred immediately. The headmaster and deputy headmaster prevented Mr Esmael from clocking in to work, while they were talking on the telephone to an unknown person describing in detail what was happening. It is not the first time that the CTUWS and its members have been targeted. The association, who's declared objective is to defend workers' rights, to improve their working conditions and to promote social dialogue and independent trade unionism, has denied its registration as an association. On 1 July 2009, security officers at Cairo airport detained Kamal Abbas, General Coordinator of the independent union, the Centre for Trade Union and Workers' Services (CTUWS), when he was about to travel to attend a ITUC meeting in Brussels. The authorities kept his passport for more than an hour before letting him catch the flight.
|
|
Footnotes
|
State of World Population 2010. "From conflicts and crises towards renewal: generations of change" UNFPA, November 2010, www.unfpa.org (Spanish)
"Military Trials usurp justice system", Human Rights Watch, April 2011, www.hrw.org
"Egypt must prosecute all those responsible for protest killings" May 2011, www.amnesty.org
Corruption Perceptions Index 2010, Transparency International, October 2010, www.transparency.org
International Organization for Migration-IOM, 25 May 2011, www.iom.int
Report of the Special Rapporteur on trafficking in persons, especially women and children, Preliminary note of the Mission to Egypt, 11-21 April 2010, UN Human Rights Council, www2.ohchr.org/english/issues/trafficking/visits.htm
www.unhcr.org
www.unicef.org
"In Egypt, Libyan refugees find tough condition" Refugees International, 29 April 2011, www.refintl.org
CEDAW is the Convention on the elimination of all forms of discrimination against women.
"Egypt: Admission of forced "virginity tests" must lead to justice", June 2011, Amnesty International, www.amnesty.org
ITUC-CSI, Annual Survey on Violations of Trade Union Rights 2010, www.ituc-csi.org
|