31st Extraordinary Session
19 to 25 February 2021
Final Observations and Recommendations to the Cumulative Periodic Report of the Arab Republic of Egypt on the Implementation of the African Charter on Human and Peoples' Rights (2001 - 2017)
1. The Arab Republic of Egypt (Egypt) is a State Party to the African Charter on Human and Peoples' Rights (the African Charter), which it ratified on 3 April, 1984.
2. The Arab Republic of Egypt presented the Combined Periodic Reports (9th to 17th), in accordance with Article 62 of the African Charter, during the 64th Ordinary Session of the African Commission on Human and Peoples' Rights (the Commission), held from 24 April to 14 May 2019 in Sharm El Sheikh, Arab Republic of Egypt.
3. The Report was presented by a delegation led by His Excellency Mr. Omar Marawan, Minister of Parliamentary Affairs.
4. The Report highlights developments in Egypt in the field of human and peoples' rights and the legislative, administrative and other measures taken to implement the provisions of the African Charter, following the presentation of its 3rd periodic report during the 37th Ordinary Session held from 27 April to 11 May 2005 in Banjul, Republic of The Gambia.
5. These Concluding Observations outline the positive factors, as well as those impeding the effective enjoyment of human rights, and areas of concern regarding respect for human rights in the country in relation to the African Charter. Accordingly, the Commission makes recommendations to the Government of Egypt to enhance the enjoyment of human rights by all Egyptians.
6. The Commission congratulates the Delegation of Egypt for the frank and constructive dialogue observed during the presentation of this Combined Periodic Report and for the quality of the information provided in response to the concerns of members of the Commission.
II. POSITIVE FACTORS
Reporting Obligation and Cooperation with the Commission
7. The Commission:
i. Takes note of the presentation by Egypt of its Combined Periodic Reports.
ii. Notes with satisfaction the inclusive and participatory approach adopted in the preparation of the Report, particularly through the establishment of an inter-ministerial commission responsible for drafting the Reports and following up on the recommendations on human rights, and involving the National Human Rights Commission, other institutions of the Republic and representatives of human rights organizations;
iii. Commends the Republic of Egypt for its Report containing detailed statistics and relevant analyses of the current human rights situation, including challenges;
iv. Welcomes the steps taken for the implementation of the recommendations made by the Commission following the consideration of the presentation of its 3rd Periodic Report at the 37th Ordinary Session held from 27 April to 11 May 2005 in Banjul, Republic of The Gambia.
Ratification of Regional/International Human Rights Instruments
8. The Commission congratulates Egypt for ratifying the following since the submission of the previous Report:
A. At the regional level
i. African Youth Charter (ratified 2015)
ii. African Union Convention on Preventing and Combating Corruption (ratified 2017).
B. At the international level
i. The Convention on the Rights of Persons with Disabilities (ratified 2008);
ii. The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2007).
A. CIVIL AND POLITICAL RIGHTS
Measures adopted under Article 1:
9. The Commission commends Egypt for the following:
i. The adoption of the Constitution in 2014 providing for numerous rights and committing the State to protect them;
ii. The enshrinement of human rights principles as constitutional rules;
iii. The amendment in 2011 of Law No. 40 of 1977 regulating political parties to authorize the formation of political parties by simple notification.
iv. The enactment of the following laws:
- Law No. 130 of 2011, approving the voting system for Egyptians living abroad in general elections and referendums;
- Law No. 45 of 2014 governing the exercise of political rights;
- Law No. 46 of 2014 on the reformulation of the rules and procedures of the electoral process have been redrafted to better guarantee transparency and neutrality in accordance with international standards.
- Law No. 197 of 2017 amending certain provisions of Law No. 94 of 2003 establishing the National Council for Human Rights in order to reinforce the powers of the Council in accordance with the Constitution.
- Law No. 198 of 2017 establishing the National Electoral Commission as an independent body in accordance with the Constitution.
Prohibition of torture and cruel, inhuman and degrading treatment
10. The Commission commends Egypt for the following:
i. The establishment of a mini-database within the Training, Research, and Monitoring Office and at the Human Rights Directorate of the Attorney General's Office on occurrences of torture and recourse to violence.
ii. The establishment of the "Law Enforcement" program implemented in more than 35 district prosecutor's offices in the governorates of Cairo, Alexandria, and Port Said, which allows the Attorney General to obtain real-time access to data and statistics on all cases related to torture and to act accordingly.
iii. The sentencing in April 2019 of the head of investigations of "Hadaiq al-qubba" to a severe imprisonment term of 8 years, 4 police secretaries to a maximum imprisonment term of 7 years and the Department's investigation assistant to a maximum imprisonment term of 1 year, for acts of torture leading to death at the police station.
iv. Empowering the National Human Rights Council to receive and consider complaints and information with a view to forwarding those constituting criminal acts to the Prosecutor's Office, including cases of torture.
Administration of Criminal Justice
11. The Commission welcomes the adoption of the following measures:
i. The adoption of the various legislative texts between 2010 and 2017:
- Law No. 10 of 2011, criminalizing acts of intimidation and disturbance of peace.
- Law No. 11 of 2011 and Law No. 50 of 2014, toughening penalties for crimes of violence against women.
- Law No. 34 of 2011 criminalizing the violation of the right to work and the destruction of facilities.
- Law No. 106 of 2013 prohibiting the conflict of interest of State officials to combat corruption.
- Law No. 8 of 2015 on Terrorist Organizations and Entities and Terrorist Individuals.
- Law No. 94 of 2015 on the fight against terrorism.
- Law No. 78 of 2016 amending the Penal Code to toughen the penalty for perpetrators of FGM, taking into account the right to physical integrity and the fight against violence against women.
ii. Changing the age of criminal responsibility of the child: according to Law No. 12 of 1996 on Children amended by Law No. 126 of 2008, no penalty will be imposed on a child who has committed an offense until the age of 15, but safeguard measures will be taken from the age of 12 such as judicial protection, community service, return to his family or referral to one of the Social Welfare Institutions, in accordance with Article 101 of the law.
iii. Amendment of Article 68 of the Law on the Organization of Prisons by Law No. 106 of 2015 on the situation of children of female prisoners sentenced to death, which suspends the sentence until the child reaches the age of two;
iv. The organization of 139 training sessions for officers in various areas of human rights during the period 2015 -2018,
v. The organization of 2,796 training sessions for individuals and Ministry officials of the Ministry of interior on the development of skills in the human, social and legal sciences and on professional and behavioural values, including numerous specialized conferences in the field of human rights.
vi. The organization of several training sessions for officers, individuals and civil servants in the prisons sector regarding the treatment of prisoners,
vii. Teaching module on Human Rights and Fundamental Freedoms at the Police Academy as well as the existence of a Diploma in Human Rights and Community Communication among the diplomas offered by the Academy's College of Graduate Studies.
Conditions of detention
12. The Commission commends the Egyptian government for the following achievements:
i. the establishment of the General Directorate of Human Rights within the Office of the Prosecutor General in accordance with Decision No. 2034 of 2017, in order to, inter alia:
- Investigate or refer all matters relating to the rights of detainees to the relevant prosecutors' offices and monitor them closely.
- Receive complaints, information and reports on human rights violations, examine, consider and investigate them, and refer the remaining complaints to the competent prosecutor's office to take the necessary legal measures in this regard after submitting them to the Public Prosecutor.
ii. the allocation of special rooms in some prisons for persons with disabilities and the provision of compensation devices for those who need it, the provision of a number of transfer cars equipped to transport them, the provision of appropriate detention facilities in police stations, and the provision of sign language interpreters for the hearing impaired;
iii. The NHRC’s obligation to inform the Public Prosecutor's Office about conducting prison visits and to submit the reports of these visits to the Attorney General for implementation of the recommendations contained therein, in accordance with Article 3/16 of Law No. 94 of 2003 establishing the Council headed by the Public Prosecutor's Office, and to review the reports submitted to the Attorney General by the National Human Rights Council regarding its visits to prisons, for implementation of the recommendations contained therein.
iv. Installation of 5 new digital X-ray machines in the prisons of Port Said, Asyut, Wadi Natroun No. 1, New Minya and Liman Tora, as well as artificial respirators also installed in the nurseries of Al-qanatir prison to deal with cases of premature babies
v. Equipping Torah High Security Prison No. 2 with an internal medicine clinic, a dental clinic and a pharmacy, and a functional surgical operating room is installed in Asyut Public Prison.
vi. Installation of 6 modern haemodialysis units in Leman Torah hospital and 2 more in each of Burj Al Arab and Asyut prisons.
vii. Launching a screening campaign for the hepatitis C virus among the prison population in coordination with the Ministry of Health as part of a governmental plan to screen cases to provide the necessary treatment.
viii. Setting up productive projects to reintegrate prisoners and enable them to earn an income.
Freedom of conscience and worship
13. The Commission notes the following with appreciation:
i. Consecration of the freedom of conscience and worship and the building of places of worship by the 2014 Constitution (Articles 3, 64, and 235);
ii. Adoption of Law No. 80 of 2016 emphasizing the right of Christian Egyptian citizens to build and renovate churches to ensure freedom of worship;
iii. Adoption of implementing regulations, defining for the first time the specific rules and procedures to be followed to obtain authorization for the construction of a church, putting an end to previous administrative irregularities;
iv. The creation of the Forum of Tolerance and Moderation within the Supreme Council of Islamic Affairs of the Ministry of Wakfs, to promote the culture of non-violence, the rejection of intolerance and religious hatred and the promotion of human rights;
v. Pursuing collaborative efforts between Al Azhar Al Cherif Metropolitan and the Egyptian Orthodox Church to work on reaffirming the values and principles of citizenship for all and combatting discrimination;
vi. Organizing conferences, seminars and religious teaching circles focusing on freedom of expression, preservation of human rights and peaceful coexistence between different religious and ideological beliefs.
Right to Freedom of Expression and Access to Information
14. The Commission notes the following:
i. The adoption of the following laws:
- Law No. 111 of 2011 amending the provisions of the Press Code to establish the right to exchange information;
- Law No. 92 of 2016 on the institutional organization of the press and media, to complete the establishment of the Supreme Media Council as an independent body enjoying technical, material and administrative autonomy, and the prohibition of interference in its affairs, in accordance with the Constitution;
- Law No. 93 of 2016 on the Union of Media Professionals;
- Law No. 178 and 179 and 180 of July 2018 on the media and cybercrime, this law aims to strengthen the mandate of the body responsible for the organization of the media - Supreme Council for Media Regulation;
ii. The establishment of the Higher Council for the Organization of the Press and Media, which is a body with technical, financial and administrative autonomy, and benefiting from the prohibition of any interference in its affairs.
Freedom of association:
15. The Commission notes with appreciation:
i. The enshrinement of the right of citizens to form associations and institutions on a democratic basis in accordance with Article 75 of the 2014 Constitution;
ii. Adoption of Law No. 213 of 2017 on the organization of trade unions and the protection of the freedom of association;
iii. Adoption of Law 70 of 2017 granting legal personality to national associations upon notification and establishing that they can only be dissolved by a court order from the competent court.
iv. Law No. 14 of 2017 amending Law No. 107 of 2013 on the right to public meetings, processions and peaceful demonstrations, in accordance with the decision of the High Constitutional Court.
Freedom of assembly
16. The Commission notes with appreciation
i. The protection of the right to peaceful assembly and other related rights by Article 73 of the 2014 Constitution;
ii. The adoption of Law No. 14 of 2017 amending Law No. 116 of 2013, on public meetings on the basis of a simple notification, the amendment provides that only a motivated court order can cancel or postpone the venue of a public meeting;
iii. The adoption of a set of measures aimed at ensuring compliance by law enforcement agencies with the norms on the use of force during law enforcement missions;
iv. The training of law enforcement officials on the protection of human rights during law enforcement missions.
B. SOCIAL AND ECONOMIC RIGHTS
Right to work:
17. The Commission notes with appreciation:
i. The enactment of Law 72 of 2017 on investment adopted to encourage and attract additional monetary flows for comprehensive and sustainable development in all sectors, increase employment opportunities and reduce unemployment rates;
ii. Law No. 81 of 2016 establishing a Civil Service Code, taking into account the right to work.
iii. Adoption of Order 397 of 2015 of the Minister of Manpower and Immigration on the rules and procedures governing the professional career, internship period, working hours, rest periods and prohibition to recruit trainees who have not reached the age of 13;
iv. Implementation of a number of training programs to develop employment skills;
v. Implementation of a number of development projects to combat unemployment and create with a total funding of US$190 million (2011-2016-2019 program;
Right to education
18. The Commission notes with appreciation:
i. The construction of 2038 schools and 506 technical schools between 2015 and 2018;
ii. Increase in the budget of the Ministry of Education and Technical Education to 98,106,981,000 Egyptian pounds (17.13% increase).
iii. Increase in the Higher Education budget from £25 billion to £35.8 billion between 2014 and 2018 (43% increase);
iv. Increasing the scientific research budget (31.8%) between 2014 and 2018 from 22 to 29 billion Egyptian pounds and creating a fund to promote innovations and encourage geniuses and help them transform their works into marketable and competitive products;
v. Launch of a 100 million Egyptian pounds’ program to support young researchers and inventors and encourage scientific research;
vi. Increasing the number of public and private universities from 42 to 52 and the number of faculties from 524 to 627;
vii. Ten Schools of Excellence with a total capacity of 5400 students have been built since the end of 2014, to encourage excellence and ensure new non-traditional educational opportunities;
viii. Creation of the "Egyptian Knowledge Bank", the largest online Arab digital library, which provides users with thousands of periodicals, encyclopaedias and specialized scientific magazines free of charge;
ix. Reducing the school dropout rate to below 7% by supporting the families of children at risk of dropping out, with an attendance rate of at least 80%;
x. Increase in the number of university enrolments (19%) from 2.3 to 2.9 million students, 54% of whom are girls, including at the postgraduate level (by 51%), from 277,435 to 420,222 students, 46.5% of whom are girls with master's and doctorate degrees. The number of foreigners (non-Egyptians) enrolled in universities and postgraduate studies increased by 197%, from 18,500 to 55,000 students;
xi. Intensified government commitment with civil society in the fight against illiteracy among persons over 15 years of age, resulting in a decline in the illiteracy rate from 29.7% in 2006 to 25.8% in 2017.
Right to health
19. The Commission welcomes:
i. The provision of a grant to 2.25 million families (10 million individuals) through social protection programs;
ii. The decision to earmark a percentage of at least 3% of the GNP for public spending on health;
iii. The adoption of the strategy for the development of the health system in all its sectors by 2030;
iv. The implementation of Bill 2017 concerning the universal health insurance system;
v. The establishment of the system for the empowerment of information on births and deaths, vaccination notifications;
vi. The supply of vaccines and the necessary serums for all immunization target groups (infants, school children, travellers, etc.…)
HIV/AIDS
20. The Commission notes with appreciation:
i. Capacity building in the fight against discrimination and stigmatization in health services, including access to prevention, treatment and care services for people living with HIV through the different health services to ensure access to the various medical services to all people living with AIDS, like any other citizen among others:
- Development, in 2016, of a national policy to fight stigma and discrimination in health facilities, in general;
- The holding, in 2017, of a national conference on the fight against stigmatization and the publication of a post-exposure prevention protocol for health workers;
- Availability of post-exposure protection kits in health facilities in all regions;
- Organization of several meetings in different hospitals to disseminate real information on the virus and fight against stigma and discrimination;
- Launching an annual campaign, on the occasion of World AIDS Day, to intensify awareness in health facilities;
- Drawing up a program of joint and direct coordination with actors of medical services in a framework that guarantees equal access and equity in the surgical care of HIV-AIDS victims;
- Standardization and popularization of a mechanism for recording and resolving all issues related to stigmatization and discrimination.
ii. Adoption of measures to combat HIV/AIDS in the highest-risk areas:
- Establishment of voluntary counselling, testing, and screening centers in 18 governorates, in addition to 14 health centers in hospitals for infectious diseases that provide awareness, counselling, laboratory testing, and referral services in strict confidentiality and privacy. These services are provided by trained and specialized teams.
- Training the staff of counselling centers in specific health counselling techniques to be delivered to these categories of people.
- Collaboration with civil society and external access teams to reach the greatest number of beneficiaries through direct communication.
- Offering free sensitization services and laboratory diagnostic tests to all citizens without discrimination, as well as free follow-up tests to infected persons.
- Free and non-discriminatory distribution of medication to all people with HIV.
- Development of special programs to reach partners in contact with the most vulnerable groups.
- Support for rehabilitation programs for drug users.
- Application of the universal access policy to all integrated health services for all without any discrimination.
- Eliminate any discrimination or disclosure of behavioral identity during medical care.
iii. Free HIV-related services for all citizens.
iv. Confidentiality in the processing of patient data;
v. Development of several special programs to sensitize, test and treat women in particular.
vi. The following efforts are being made to improve information on HIV prevention and treatment:
- Printing and distribution of specific brochures that target different categories, such as doctors, nurses, tourism actors among others.
- Preparing specific educational material to communicate with patients and their families.
- Creating a guide on counselling and testing for the virus.
- Integrating AIDS in the reproductive health training programs.
- Preparing and disseminating a detailed scientific guide on drugs, care and treatment.
- Including information on the male and female genitalia in secondary school science curricula, and educating students about sexually transmitted diseases (STDs) and how to prevent them, while emphasizing that unnatural sexual practices are among the main causes of transmission of diseases such as AIDS. This sensitization concerns young people between the ages of 12 and 18.
- Address the issue in the document on environmental, demographic and health activities, which is a teaching material based on the principle of active learning. The Document includes a comprehensive section on public and reproductive health, as well as many activities that students carry out throughout the pre-college cycles. For example, research activities assigned to students in high schools on STDs caused by unnatural sexual practices, including AIDS, and on means of prevention. The document also includes a variety of contests for students in all grades on public health topics.
Right of access to drinking water
21. The Commission takes note of the following:
i. The gradual availability of drinking water in 27 provinces;
ii. Drinking water service coverage expanded to 96%;
iii. The establishment of a drinking water quality and safety system based on the
collection of 34194 samples
Right to housing
22. The Commission takes note with satisfaction of the following:
i. Existence of the Decent Housing Program for the poorest families, which has launched new projects for 250,000 social housing units for slum dwellers, with the aim of transforming slums into suitable areas for a safe and dignified life for citizens;
ii. Implementation of social and cultural programs and camps within the framework of decent housing programs, with 4330 beneficiaries;
iii. Enshrinement for the first time in the 2014 Constitution of the obligation for the State to develop a comprehensive national plan to solve the problem of slums;
iv. Creation of the post of Deputy Minister of Housing for Urban Development and Restructuring of Slums
C. EXTRACTIVE INDUSTRIES, ENVIRONMENT AND HUMAN RIGHTS
23. The Commission notes with appreciation:
i. The development of a legal framework relating to natural resources and environmental protection consisting of the following laws:
- Law 102/1983 on the protection of natural reserves, the creation of the Environment Agency in 1992;
- Law No. 4 of 1994 on the Environment, amended by Law 9 /2019, which entrusts the Environment Agency with the responsibility of preparing, developing and monitoring the general policy of the State as well as the plans for the preservation of the environment, in coordination with the competent administrative authorities.
- Law 53/1966 on the Agriculture Code, Law 43/1979 on the Local Government Code, Law 124/1983 on the Preservation of Fishery Resources, Law 12/1984 on the Irrigation and Drainage Code, Law 83/2002 on the Code of Special Protection Areas, Law 15/2017 on the Facilitation of Industrial Licensing Procedures and Law 72/2017 on the Investment Code.
ii. Establishment of regulatory institutions and authorities in charge of inspection, control and enforcement of environmental laws, including : the Ministry of Environment, the Public Authority for Industrial Development, the Ministry of Investment, the Ministry of Water Resources and Irrigation, the governorates, the General Directorate of Environmental Policing and Water Bodies, the Ministry of Health and Population, the Ministry of Housing and Urbanization, the Ministry of Transport, the Ministry of Agriculture and Land Development and Special Protection Zones.
iii. Implementation of Measures for environmental pollution control, particularly in urban areas to improve water quality, air quality and develop a waste management system through the following measures, among others:
- Creation of environmental monitoring networks and systems to calculate environmental indicators for different types of pollutants.
- Encouraging the industrial sector to adopt a sustainable production system.
- Establishment of mechanisms for assessing the environmental impact of development projects.
- Monitoring and preservation of plant and animal species and declaration of protected areas.
- Establishment of a legal system to regulate the treatment of chemical and hazardous waste products in accordance with international standards.
- Supporting community participation in environmental issues through NGOs that are involved in environmental projects implemented by the State; and providing technical and financial support to the NGOs involved for the implementation of initiatives aimed at protecting the environment and achieving sustainable development.
- Studying the effects of global climate change on development in Egypt, in addition to taking advantage of international financing opportunities
iv. Establishment of an internationally recognized environmental risk assessment oversight mechanisms for the implementation of industrial projects while ensuring their compliance with the provisions of the Environmental Code and applying criminal sanctions against any person who violates the rules and conditions of environmental protection.
v. Existence of agreements and procedures concerning the oil sector that provide all the guarantees related to the ownership of land and natural resources for individuals. Obtaining authorization from various State services and coordinating with landowners of sites on which the activities are to be carried out in order to obtain appropriate compensation are prerequisites for any extraction operation. The company operating in the area is also required to return the land to its original state at the end of its activities, as a prerequisite included in the terms of the agreement it will have to sign.
B. VULNERABLE CATEGORIES
WOMEN
Civil and Political Rights
24. The Commission notes the following progress:
i. Adoption of measures to achieve equality between men and women in political and public life and in decision-making positions such as:
- 22 articles of the 2014 Constitution, guaranteeing equal opportunities and the prevention of discrimination against women, protection from all forms of violence, empowerment in all areas and a commitment to provide them with protection at all stages of their lives.
- Article 180 of the Constitution provides for the allocation of 25 percent of local council seats to women;
- Creation of the National Council of Women (2000), whose organization is governed by Law 30 of 2018 and whose purpose is to promote and publicize women's human rights and fundamental freedoms, their development and protection, to help ensure their exercise and consolidate the values of equality, equal opportunity and non-discrimination;
- Establishment of equal opportunity units in all ministries to monitor any discriminatory practices against women in the workplace.
ii. The following appointments:
- First woman advisor to the President of the Republic for national security in 2014;
- A woman deputy to the Minister of Justice for Human Rights, Women and Children in 2015;
- First woman with disabilities and rural woman on the National Women's Council in 2016;
- First woman Governor of Albuhaira in 2017, followed by the appointment of another woman Governor of Damietta in 2018.
- President of the Economic Court of Egypt in 2018.
iii. Increase of the following percentages:
- Number of women in the Egyptian Parliament from 1.5% in 2013 to 15% in 2018 (highest female representation in the history of the Egyptian Parliament);
- The permanent allocation of at least 25% of Parliamentary seats to women following the April 2019 referendum on Article 102 of the amended Constitution. Increasing the percentage of women in ministerial portfolios from 6% in 2015 to 20% in 2017 and to 25% in 2018;
- Women's representation in local councils reached 25%.
- The number of women holding deputy minister positions increased from 17% 2017 to 27% 2018;
- Election of 90 women to parliament (2015), 39 members under the age of 35 (2015), 9 disabled persons (2015), and 8 Egyptians abroad (2015).
ix. Declaration of 2017 as the Year of the Egyptian Woman.
x. Adoption in March 2018 of the National Strategy 2030 for the Empowerment of Women, which includes 6 main axes: The political empowerment and leadership enhancement axis; the economic empowerment axis; the social empowerment axis; the protection axis; and; the two axes of legislation and culture integrated in all axes in a sector-specific manner.
xi. To implement the strategy, a number of programs have been undertaken, including:
- Door-to-door awareness campaigns, similar to "Your Voice for Egypt Tomorrow ", which targeted 3378500 women from all provinces to raise awareness of the importance of women's political participation and their role in society.
- Launching the first program to obtain a master's degree in gender, 28 male and female students enrolled in partnership with Cairo University.
- "Women Leading the Future", - a program that provides orientation, guidance and qualifications for women in leadership and decision-making positions, 35 women have benefited from it.
- Sensitization of local councils, political awareness was raised about participation in local council elections in favor of 14,000 women.
- The percentage of women on the Board of Directors of the Central Bank of Egypt reached 25%, in addition to the appointment of a vice-president of the bank.
- The percentage of women on banks’ boards of directors increased from 10% in 2018 to 12% in 2019.
- The number of women in management positions in public limited companies and public bodies increased from 418 in 2017 to 441 in 2018.
xii. The recognition of women as heads of households by the Consolidated Tax Code No. 91 of 2005, amended by Law No. 11 of 2013,
xiii. Granting additional benefits to working mothers, including maternity leave for a period of 4 instead of 3 months by amending Civil Service Act No. 81 in 201? ;
xiv. The amendment by Law No. 219 of 2017 of certain provisions of Law 77 of 1943 relating to inheritance, to criminalize deprivation of inheritance, impose harsher penalties on anyone who denies inheritance to any entitled person, in a manner that guarantees women the right to their fair share of inheritance,
xv. The consecration of equal opportunities between men and women is guaranteed by Article 2 of the new investment law.
xvi. The establishment of the following programs:
- The National Identity Card Program, which has issued 700,000 free national identity cards for women who cannot afford them, in all governorates of Egypt with a view to empowering them at all levels and enabling them to benefit from all government and nongovernmental services, and to guarantee their right to property, inheritance, and employment, as well as their right to political participation.
- Training and handicraft development programs organized for women in villages and hamlets to develop their products and provide them with marketing services inside and outside Egypt and to participate in local and international exhibitions;
- Publication of an electronic catalogue to market Egyptian women's products inside and outside Egypt and the Egyptian Diaspora;
- Awareness campaigns to encourage women to undertake and start small and micro-enterprises;
- Conditional cash transfer program "Takaful and Karama" by the Ministry of Social Solidarity for 563 villages and 345 centers in all governorates, benefitting about 2 million women or 80% of the total number of beneficiaries, with the aim of improving family consumption, increasing conditional human capital, improving the integration of economic production, increasing the financial inclusion of women and combating violence against them.
Combating violence against women
25. The Commission takes note of the following:
i. The establishment of the following structures to combat and prevent violence against women:
- Women's Complaints Office and the toll-free telephone number 15115 in all governorates to receive complaints about violations of women's rights and freedoms, to forward them to the competent authorities, to work with the competent authorities to resolve them and to provide the necessary legal assistance;
- The unit for combating violence against women of the National Council for Women, through which the council reports to the public authorities any violations of women's rights and freedoms;
- The Unit for Combating Violence against Women in the Ministry of the Interior;
- 18 Units for Combating Violence against Women in public universities.
- Equal Opportunity Units in all ministries.
ii. Ongoing development of a special bill to combat all forms of violence against women by the leadership of the Legislative Commission of the National Council of Women.
Combating harassment
26. The Commission notes with appreciation:
i. Significant changes in criminal laws, including the intensification of the penalty for sexual harassment, pronounced under Law No. 50 of 2014;
ii. Proposal in the draft submitted by the National Women's Council on the "Protection of Women against Violence" to take into account any means of electronic communication in order to combat the phenomenon of electronic harassment against women, as well as the toughening of penalties and fines in case of recidivism, prosecution, monitoring or use of means of intimidation or fraud;
iii. Passage of Law Number 175 of 2018 "Combating Information Technology Crimes", as the first Egyptian legislation to combat crimes committed through the Internet including harassment;
Right to health
27. The Commission welcomes:
i. Establishment of a toll-free telephone line to provide support services to women with substance abuse problems.
ii. Raising awareness of the importance of early detection of breast cancer for women. The number of women targeted has reached 25611 in 2018.
iii. Launching the program "Together to Serve the Homeland", which targeted 700 women preachers, religious sisters and women working in churches to disseminate community messages on topics such as reproductive health, family planning, combating violence against women, female genital mutilation and child marriage.
iv. Implementation of the 100 Million Healthy People Initiative, in which a large number of women have been screened for hepatitis, diabetes, hypertension and non-communicable diseases;
v. 10 million women receiving health care grants;
vi. Provision of family and reproductive health services to 8 million women.
Right to work
28. The Commission takes note of the following:
i. The considerable efforts made in the area of work on behalf of women;
ii. Increase in the percentage of women working in government agencies (44.5%;
iii. Decrease in the female unemployment rate from 24% in 2013 to 21.4% in 2018 and to 19.6% in the first quarter of 2019;
iv. Increase in the percentage of small and medium enterprises owned by women from 23% in 2015 to 46% in 2018;
v. Increase in the percentage of microfinance loans to women from 45% in 2015 to 69% in 2018;
vi. 3 million people have benefited from small and medium enterprises until 2018, 70% of whom are women;
vii. Increase in the percentage of women who have bank accounts increased from%9 in 2015 to 27% in 2017, enabling 110,000 women to have bank accounts out of a total of 316 thousand new accounts in 2018, or 35%;
viii. Increase in the percentage of women stock market investors, which has reached 30%;
ix. That 18,000 women benefited from the credit and savings project.
Combating Female Genital Mutilation (FGM)
29. The Commission notes with appreciation:
i. Decrease in the rate of female genital mutilation among married women in the 15-49 years age group from 92.3% in 2014 to 87.2% in 2015;
ii. Decrease in the percentage of mothers who wish to have their daughters excised from 92% to 35%;
iii. Identification of three cases of FGM and referral of the accused to the court after the toughening of the sentence in 2016, for legal action against them.
iv. Confirmation by the Coptic Orthodox Church in 2003 of its official position against the practice of female genital mutilation, and the issuance of two fatwas from Dar Al-Iftaa' banning the practice in 2007 and 2018;
v. Order of the Minister of Health No. 271 of 2007 prohibiting female genital mutilation in hospitals, clinics and health units;
vi. Criminalization of female genital mutilation in the 2008 Penal Code, which resulted in several rulings, including one on the death of a child after undergoing genital mutilation. The private hospital that performed the operation was closed and the perpetrators were fined;
vii. Adoption of the national strategy to combat female genital mutilation 2016-2020;
viii. Launching media and awareness raising campaigns on the dangers of FGM and door-to-door campaigns targeting 6 million women through field visits in the last three years on, among other issues, violence against women, the Personal Status Law, legal rights, women's political participation and other women's issues;
ix. Establishment of a National Committee to Eliminate Female Genital Mutilation led by the National Council of Women and the National Council for Mother and Child in May 2019.
CHILDREN
30. The Commission commends the State for:
i. The change in the age of criminal responsibility of the child: according to Law No. 12 of 1996 on children by Law No. 126 of 2008, which guarantees that no penalty will be imposed on a child who has committed a crime until the age of 15 years, but safeguard measures will be taken from the age of 12 years such as judicial protection, community service, reunification with his or her family or referral to one of the Social Welfare Institutions, in accordance with Article 101 of the law;
ii. The constitutional consecration of the National Council for Mother and Child;
iii. The launch of the National Strategy for Mother and Child for the period 2017-2023:
iv. The adoption of Presidential Decree No. 75/2015 on the withdrawal of Egypt's reservation to Article 21(2) of the 1990 African Charter on the Rights and Welfare of the Child on the prohibition of marriage under 18 years of age;
v. The creation in December 2015 of a children's fund for the protection of "street children" within the Ministry of Health and Population;
vi. Providing child protection services with 250 million Egyptian pounds from the state budget;
vii. The decrease in the infant mortality rate from 15.7 per thousand in 2015 to 15.1 per thousand in 2016;
viii. The creation and implementation of a toll-free telephone line for the care and protection of disabled children;
ix. The establishment of a child helpline No. 16000 at the National Council for Mother and Child.
THE ELDERLY
31. The Commission notes with appreciation:
i. Ongoing consideration by the House of Representatives of a bill on the rights of the elderly.
ii. Provision of cash support through the Karama program to ensure a decent life for the elderly who are unable to work and produce, in appreciation of the efforts made and services rendered, under the programs of the Ministry of Social Solidarity, from which 163,000 elderly people have benefited;
iii. Provision of services for the protection of elderly women through 3 programs: Institutions for the elderly, home care services for the elderly, and insurance and pensions for the elderly;
iv. Takes note of the intention of the Arab Republic of Egypt to ratify the Protocol to the African Charter on Human and Peoples' Rights on the Rights of the Elderly
PERSONS WITH DISABILITIES
32. The Commission notes with appreciation:
i. Declaration of 2018 as the Year of Disabled Persons in Egypt.
ii. Enactment of Law No. 10 of 2018 on the Rights of Persons with Disabilities, which establishes the first comprehensive definition of persons with disabilities that takes into account all segments of disabilities, as it aims to combat discrimination on the basis of disability, type of disability, or gender of the disabled person, to ensure equality in the effective enjoyment of all human rights and fundamental freedoms in all fields, and to remove all obstacles that prevent them from enjoying these rights.
iii. Promulgation of Law No. 11 of the year 2019 to organize the work of the National Council of Disabled Persons, established by Prime Minister's Decision No. 410 of 2012, and which is composed of 19 members, including 10 disabled persons, about 52%;
iv. Issuance of 500,000 cards in 2019 in the first batch of "Integrated Services Cards" for people with disabilities in post offices, this after a medical examination to determine the type and degree of disability and to provide access to prescribed services and benefits, and to provide access to the national system of payment for services, called "Mizah".
v. Adoption of the following integration measures by the government since 2015:
- Inclusion of the conditions that must be met by public buildings and infrastructure for the use of persons with disabilities in the Urban Planning Code;
- Training in sign language for the personnel of the courts, land registry office, departments and public prosecutor's offices.
- Rehabilitation of public service sites of the Ministry of Interior in the governorates and some departments to facilitate access for the disabled, training of officers and agents in sign language, and preparation of a Braille guide for the services provided.
- Discounts on train tickets and metro passes;
- Celebration of international events for people with disabilities to raise awareness of their needs and rights.
Right to health
33. The Commission welcomes:
i. The development of a health strategy for people with disabilities, with the participation of NGOs, to provide health programs at an affordable cost. The strategy includes increasing the number of conversational rehabilitations centers, and developing 108 physiotherapy centers in health insurance clinics and hospitals to monitor cases of harmonic paralysis, in addition to providing prosthetics.
ii. Inclusion by the Ministry of Health of a disability component in the national health strategy, which includes early intervention services to detect disabilities;
iii. Development of a health strategy for people with disabilities, with the participation of NGOs, to provide affordable health programs. The strategy includes increasing the number of conversational rehabilitations centers, and developing 108 physiotherapy centers in health insurance clinics and hospitals to monitor cases of harmonic paralysis, in addition to providing prosthetics.
iv. Inclusion by the Ministry of Health of a disability component in the national health strategy, which includes early intervention services to detect disabilities.
Right to work
34. The Commission takes note of the following:
i. The considerable efforts made in the field of work on behalf of people with disabilities;
ii. Granting numerous benefits to the disabled person or to the person hiring or caring for a disabled person, including a 51% increase in the amount of the personal exemption provided for in the Income Tax Code;
iii. Allocation of 5% of public jobs to disabled persons by Law No. 81 of 2016 on the Civil Service;
iv. Reduction of working hours by one hour per day and increase of paid vacations for the disabled;
v. Recruitment of 40,000 persons with disabilities in the public sector and 10,000 in the private sector, the majority of whom are active in crafts and specialized arts since the enactment of the Law on Persons with Disabilities.
Right to education
5. The Commission notes with appreciation:
i. Consecration of the right of children with disabilities to inclusive education in basic and higher education, in schools, classes and universities accessible to others, including access to special education adapted to exceptional situations resulting from the nature and degree of disability by Law No. 10 of the year 2018 in its Articles 10 to 17;
ii. Increase in the number of special education schools from 921 with 4,526 classrooms and 37,331 students in 2014 to 1,018 schools with 4,710 classrooms and 39,859 students in 2018;
iii. Expansion of the inclusive education system since its implementation in 2014, from 4,200 integrated students to 57,200 students, including 2,000 in vocational training in 2018;
iv. Protection of places for students with disabilities in integration schools, through Law No. 10 of 2018, which requires that their enrolment rate be no less than 5% of those admitted to educational institutions of all kinds;
v. Creation of a specialized entity for "special education" in the Ministry of Education, creation of 440 classrooms in special education schools and training of 12,943 teachers, free education and school uniforms in these schools, in addition to free accommodation and food for students in some schools;
vi. Preparation of 472 schools for students with disabilities, and monitoring the compliance of school building design with the relevant architectural code;
vii. Digitization of school curricula to make them highly accessible to people with disabilities for the benefit of 18,000 hearing and visually impaired students and provision of talking visual aids and group hearing aids, along with printed Braille textbooks;
viii. Specification of examination papers for special education students and organization of the process of integration of disabled children in general and technical schools;
ix. Provision of computers, talking program licenses, Braille printers and projectors to 24 centers in 23 public universities;
x. Order of the Minister of Education on the admission of students with minor disabilities to public educational institutions.
Right to housing
36. The Commission takes note of the following:
i. Obligation under Article 26 of Law No. 10 of 2018 to allocate at least 5% of housing built or subsidized by the State to people with disabilities who are in need, and in accordance with this article, subsidized housing is set up under the social housing program for low-income people. 5% of these housing units are intended for people with disabilities, and the first floor is reserved for people with motor disabilities.
ii. Allocation of 3058 social housing units to the disabled out of a total of 250,000 units to date.
Right to information
37. The Commission takes note of the following:
i. The translation of news bulletins and some national television programs into sign language and the broadcasting of programs for persons with disabilities;
ii. The ability to read official websites for the visually impaired and broadcasting of simplified or translated sign language information or service material;
iii. The publication of the Legal Dictionary of Signs and the Unified Dictionary of Sign Language to address the problem of the diversity of sign languages and provision of e-books available for talking reading.
Prison and Detention Conditions
38. The Commission noted the steps taken to address the rights of prisoners with disabilities, including the allocation of special wings in some prisons and the provision of prosthetic limbs.
REFUGEES, ASYLUM SEEKERS, AND MIGRANTS
Combatting human trafficking
39. The Commission notes with appreciation:
i. Creation in January 2017 of the National Committee for the Fight against Illegal Immigration and Trafficking in Human Beings;
ii. The National Strategy for Combating Illegal Immigration, 2016-2026, was launched with the aim of creating links of cooperation between different national governmental and non-governmental actors and regional and international parties to achieve comprehensive development for the reduction of illegal immigration was created. Egypt is committed to comply with the two Palermo Conventions.
iii. Notes the policy of openness and reception for asylum seekers and refugees
iv. Lack of camps for refugees and asylum seekers
v. Appreciates the program to reduce the illegal immigration phenomenon concerning unaccompanied minors by raising awareness of its gravity and the need to find a solution.
III. FACTORS LIMITING THE ENJOYMENT OF THE RIGHTS GUARANTEED BY THE AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS
40. The limitations of financial resources for the effective implementation of State programs, for the realization of a number of rights and human rights institutions and organizations;
41. The populations' poor knowledge of their rights and weak human rights culture in the country;
42. The weight of sociological and cultural factors, the persistence of harmful practices, as well as deep-rooted prejudices in society.
IV. AREAS OF CONCERN
Reporting obligation and cooperation with the Commission
43. While the Commission appreciates the positive responses from the Arab Republic of Egypt to the various recommendations of its Combined Periodic Reports (9th to 17th), it notes that the Report does not provide precise and detailed answers to some concerns, including the following:
Ratification of regional/international human rights instruments
44. The non-ratification of the following human rights instruments:
- Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa;
- African Charter on Democracy, Elections and Governance; and
- Protocol on the Statute of the African Court of Justice and Human Rights;
- Protocol to the African Charter on Human and Peoples' Rights on Older Persons in Africa;
- Protocol to the African Charter on Human and Peoples' Rights on the Rights of Persons with Disabilities in Africa;
- Protocol to the African Charter on Human and Peoples' Rights on the African Court on Human and Peoples' Rights.
- The Kampala Convention on Assistance and Protection of Internally Displaced Persons;
- The African Charter on the Values and Principles of Decentralization, Local Governance and Development; - Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
- The UN Convention for the Protection of All Persons from Enforced Disappearance.
45. To review the place of treaties in the domestic legal order.
A. CIVIL AND POLITICAL RIGHTS
i. Lack of information regarding the participation and representation of youths in the management of the country's public affairs in participatory and elective bodies;
ii. Massive application of the death penalty.
The death penalty
i. The lack of progress in abolishing the death penalty;
ii. The persistence of the application of the death penalty, including with regard to children (a child defined as any person under 18 years of age according to Article 2 of the African Charter on the Rights and Welfare of the African Child);
iii. collective executions following collective and summary trials.
The prohibition of torture and cruel, inhuman and degrading treatment
i. The numerous acts of torture perpetrated by police forces on persons in pre-trial detention;
ii. Ill-treatment of persons in pre-trial detention, including children and youth;
iii. Moral abuse of detainees, including denial of access and solitary confinement;
iv. Impunity for perpetrators and those responsible for acts of torture.
Administration of Criminal Justice.
i. Abuse use of anti-terrorism laws against citizens, including journalists, members of civil society, and political dissidents;
ii. The sometimes vague nature of the provisions of certain laws, such as the Terrorism Act, which gives broad powers to the executive to apply it in a discretionary manner, thus undermining the principle of judicial independence;
iii. The increasingly systematic presentation of civilians before military tribunals on the grounds of terrorist acts;
iv. Lack of a supreme supervisory body for prisons.
Conditions of detention and police action
i. Lack of disaggregated statistics on the number of detainees: women, men, minors, and foreign prisoners as well as pregnant women;
ii. Lack of figures on the percentage of prisoners in pre-trial detention;
iii. Lack of measures taken for the dissemination of the Luanda Guidelines;
iv. Overcrowding of prisons and poor conditions of detention, including unhealthy and poorly ventilated cells, solitary confinement for long periods and denial of visiting rights, malnutrition;
v. Lack of visibility of some places of detention.
Freedom of Expression and Access to Information
i. The existing reservation on Article 9(1) of the African Charter, which may have the effect of restricting the full and effective exercise of the right to information;
ii. The lack of information provided on measures to ensure the safety of journalists and other media practitioners, in addition to strictly ensuring due process for all arrested media practitioners;
iii. The delay in adopting the bill on freedom of information, which has been pending since 2013;
iv. The delay in repealing criminal defamation laws, which may impede freedom of expression.
v. The recurrent restrictions on access to the Internet by citizens for security reasons.
Freedom of association, assembly and demonstration
i. The insecurity in which human rights defenders work, particularly those working on governance and human rights issues;
ii. The enactment of Law No. 149 of 2019 on the Activities of Non-Governmental Organizations (NGOs) repealing the controversial Law No. 70 of 2017, which maintains many of the restrictions on the work of civil society existing in the previous law. Although legislators removed prison sentences from the new law, severe restrictions on the work of nongovernmental organizations were maintained.
iii. The need to recognize the status of human rights defenders or any person working for the promotion and protection of human rights, which was undermined by the adoption of the new law on associations;
iv. The lack of protective legislation for human rights defenders and whistle blowers.
Freedom of conscience and Religion
i. Restrictions in law and in practice of the right of Christians to worship. Notably, the requirement by a 2016 law to obtain permission from security agencies to build and renovate churches;
ii. The closure of several churches in the country;
iii. Restrictions on the right of religious minorities to exercise their faith.
iv. The reservation to Article 8 of the African Charter
B. ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Right to work
i. Violations of the right to strike and the right to form independent trade unions following the amendment of the 2017 law on trade unions.
ii. Refusal to formally recognize independent trade unions, obstructing and delaying administrative procedures.
Right to health
i. The low percentage of the budget devoted to health (less than 2%). This situation is not in line with the requirement of the Abuja Declaration that States should devote at least 15% of their budget to health;
ii. The absence of statistical indicators on health infrastructure throughout the country.
Right to housing
i. The persistence of forced evictions of citizens living in underprivileged neighbourhoods;
ii. The lack of visibility and clarity in the national housing policy, including the conditions for granting social housing, in order to eradicate substandard housing;
iii. Lack of a national policy for urban housing redevelopment.
C. VULNERABLE CATEGORIES
Women
i. Social norms and attitudes, economic pressures, and religious beliefs, all of which contribute to discriminate against women and limit their participation in the socio-economic arena.
ii. The negative impact of the media and social networks on forms of violence against women.
iii. The persistence of discrimination against women in law and in practice, including the demand that some women undergo a virginity test in order to be able to file complaints of sexual violence;
iv. Violence in the private and professional spheres, including harassment;
v. The persistence of harmful cultural practices such as Female Genital Mutilation (FGM);
vi. The continuing practice of early and forced marriages.
Children
i. The persistence of non-punishable forced labour of children under 18;
ii. The lack of widespread access to education, particularly in rural areas.
Persons with Disabilities
i. The persistent exclusion by society of people with disabilities especially mental disabilities due to the poor understanding of their needs;
ii. The persistence of difficulties in terms of accessibility to public infrastructure and buildings and employment;
iii. Poor access to specialised facilities for the care of different disabilities.
Refugees, asylum seekers and migrants
i. Detention of persons who have crossed the border illegally, among them asylum seekers, including children.
ii. Lack of disaggregated statistics on refugees, asylum seekers, and migrants;
iii. Failure to respect the principle of non-refoulement leading to arbitrary expulsions.
RECOMMENDATIONS
The Reporting Obligation
46. The Arab Republic of Egypt should continue to meet its obligations under Article 62 of the African Charter by implementing its recommendations;
Ratifications of Regional/International Human Rights Instruments
47. Egypt should:
i. Take steps to ratify the following human rights instruments:
- Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa;
- African Charter on Democracy, Elections and Governance
- Protocol on the Statute of the African Court of Justice and Human Rights;
- Protocol to the African Charter on Human and Peoples' Rights on Older Persons in Africa;
- Protocol to the African Charter on Human and Peoples' Rights on the Rights of Persons with Disabilities in Africa;
- Protocol to the African Charter on Human and Peoples' Rights on the African Court on Human and Peoples' Rights.
- The Kampala Convention on Assistance and Protection of Internally Displaced Persons;
- The African Charter on the Values and Principles of Decentralization, Local Governance and Development; - Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; The United Nations Convention for the Protection of All Persons from Enforced Disappearance.
48. The need to determine exactly the place of treaties in the internal order to acknowledge their precedence over laws.
A. CIVIL AND POLITICAL RIGHTS
49. The Arab Republic of Egypt should:
i. Consider the youth dimension in the implementation of the right to participate in the governance of the country;
ii. Adopt a national youth strategy in line with the African Youth Charter consider the youth dimension in the implementation of the right to take part in the conduct of the country's public affairs.
The Death Penalty
50. The State should:
i. Take steps to adopt and implement a moratorium on the death penalty and to consider its abolition in accordance with Article 54 on the right to life;
ii. Refrain from imposing the death penalty for offences committed by older persons against children under the age of 18 years of age, despite the existence of the Children's Act No. 12-1996 which prohibits the death penalty against an accused person under the age of 18;
iii. To respect the rules of fair trial when imposing the death penalty.
The prohibition of torture and cruel, inhuman and degrading treatment
51. The State should:
i. Take measures to end torture by police forces of persons in pre-trial detention and ensure that those responsible for such acts are identified and held accountable;
ii. Take measures to prevent and end the ill-treatment of persons in pre-trial detention, including children; and
iii. Ensure that no detained person is subjected to mental abuse, including isolation and denial of access.
iv. The administration of criminal justice
52. The State should:
i. Stop the misuse of anti-terrorism laws against citizens, including journalists, members of civil society, and political dissidents.
ii. Clarify the provisions of certain laws, such as the Terrorism Act, which gives broad powers to the legislature by limiting its application to the strict subject matter of its purpose.
iii. Preserve and respect the separation of jurisdictions by no longer presenting civilians before military courts on the grounds of terrorist acts.
iv. Provide for alternatives to imprisonment;
v. Take necessary measures to end long-term pre-trial detention.
Conditions of detention
53. The State should:
i. Ensure that liberty remains the rule and detention the exception, by developing alternative forms of punishment.
ii. Addressing the growing problem of preventive detention
iii. Improve detention conditions in all detention centers by developing and implementing a strategy to end the current overcrowding in prisons, including by limiting the use of pre-trial detention.
iv. Have disaggregated statistics on the number of detainees: women, men, and minors, and the percentage of prisoners in pre-trial detention;
v. Ensure the proper treatment of vulnerable groups in prisons, particularly persons with disabilities;
vi. Make use of the Luanda Guidelines on the Conditions of Arrest, Police Custody and Pre-trial Detention in Africa, while conducting training for police officers and reviewing laws and policies relating to arrest, police custody and pre-trial detention;
vii. Consider an in-depth reform of the prison system;
viii. Allow prison visits by human rights experts.
Freedom of Expression and Access to Information
54. The State should:
i. Consider lifting its reservation on Article 9 paragraph 1 of the African Charter to ensure the full and effective exercise of the right to information by Egyptians;
ii. Review statutory provisions to the extent they may not meet the requirements of legitimacy, necessity or proportionality to give full effect to the constitutionally-guaranteed freedom of thought, opinion and expression, including Articles 102 bis, 188 and 201 of the Penal Code;
iii. Adopt measures to guarantee the safety of journalists and other media practitioners, and ensure due process for all arrested media practitioners;
iv. Expedite the process of the adoption of the bill on freedom of information that has been pending since 2013, and ensure that it is formulated in a manner that promotes proactive disclosure in line with the Model Law on Access to Information for Africa;
v. Take steps to repeal criminal defamation which impedes freedom of speech, in line with ACHPR Resolution 169 on Repealing Criminal Defamation Laws in Africa;
vi. Put measures in place to ensure against invasive mass surveillance of online communications and the blocking of websites;
vii. Ensure that all relevant laws are in line with the Declaration of Principles on Freedom of Expression and Access to Information in Africa.
viii. Ensure that access to the Internet is free and open to citizens and refrain from abusively restricting access on security grounds.
Freedom of association, of assembly and demonstration
55. The Commission recommends that the State:
i. Take measures to bring Law No. 149 of 2019 on the Activities of Non-Governmental Organizations (NGOs) repealing the controversial Law No. 70 of 2017 into conformity with the Guidelines on Freedom of Association and Assembly in Africa,
ii. Recognize the status of human rights defenders or any person working for the promotion and protection of human rights, as recommended in the Grand Bay and Kigali Declarations and the UN Declaration on Human Rights Defenders.
iii. Adopt a law on the protection of human rights defenders and whistle blowers.
Freedom of conscience and religion
56. The state should:
i. Lift the reservation to Article 8 of the African Charter;
ii. Take steps to ensure that the freedom to practice one's religion is respected and protected by eliminating all restrictions and discrimination in law and in practice.
B. ECONOMIC, SOCIAL, AND CULTURAL RIGHTS
Right to work
57. The State should:
i. Take measures to respect the right of workers to organize and the right to strike;
ii. Recognize new unions by facilitating administrative procedures through which their legal existence is obtained;
iii. Encourage access to employment for the youth.
Right to health
58. Egypt should:
i. Take the necessary steps to comply with the Abuja Declaration's requirement to devote at least 15% of the national budget to health;
ii. Adopt a national public health policy.
Right to housing
59. The State should:
i. Establish a regulated urbanization policy to put an end to the informal housing trend;
ii. Ensure an equitable distribution of social housing for the benefit of vulnerable groups.
C. VULNERABLE CATEGORIES
Women
60. The Commission recommends that the State:
i. Lift the Reservation to Article 18(3) of the African Charter
ii. Pursue efforts to change social norms and attitudes, economic pressures, and religious beliefs, all of which contribute to discrimination against women and limit their participation in the socioeconomic arena;
iii. Take measures to end all forms of violence against women, including in the media;
iv. Ensure that the protection of women against discrimination is effective both in law and in practice,
v. Take the necessary measures to ensure that women can file complaints against all forms of violence against them without any discriminatory and/or degrading conditions and that their rights as victims are respected.
vi. The negative impact of the media and social media on forms of violence against women.
vii. Pursue actions to combat and prevent violence in the private and professional spheres, including harassment;
viii. Pursue efforts to combat harmful cultural practices such as Female Genital Mutilation (FGM);
ix. Toughen measures against early marriages.
Children
61. The State should:
i. Establish a national system to combat child labour and its use in forced labour;
ii. Strengthen access to education for children in rural areas.
Persons with Disabilities
62. The State should:
i. Take measures to change the attitudes of people and society about mental disability, and include the issue of disability in all development programmes and policies.
ii. Take appropriate measures to ensure that people with disabilities have access to public infrastructure and buildings as well as to employment;
iii. Facilitate access to specialised centres
iv. Strengthen access to specialised health care accommodation, specialised and adapted training.
Refugees, asylum seekers and migrants
63. The State should:
i. Prohibit the detention of illegal border crossers, including asylum seekers and children, and use alternative sanctions;
ii. Provide disaggregated statistics on refugees, asylum seekers and migrants;
iii. Respect the principle of non-refoulement.
IMPLEMENTATION
63. The State should provide in the next Periodic Report all information regarding the effective implementation of the recommendations made in these final observations.
Adopted by the African Commission on Human and Peoples' Rights at its 31st Extraordinary Session held from 19 to 25 February 2021.
