
Recent Developments
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Introduction
After mass protests across Egypt led to President Hosni Mubarak’s removal from power in 2011, the country underwent several years of tumult, with numerous annulled elections, changes in governing authority, and uncertainty in the legal framework. Under the auspices of an interim government installed by the military in the summer of 2013, a new Egyptian constitution was finalized and approved by referendum in January 2014. Abdel Fattah el-Sisi was elected president in May 2014, and a new parliament was elected in December 2015.
From 2002 until 2017, civil society in Egypt was governed by the provisions of the Law on Associations and Community Foundations (Law 84 of 2002) (English) (Arabic) and the Implementing Regulation for Law 84 of 2002 (Ministry of Social Affairs [Now Ministry of Social Solidarity] Decree 178 of 2002). Despite the highly restrictive nature of these laws, the civil society sector expanded during this time and was relatively large and vibrant when the 2011 Revolution began. In effect, the CSO legal framework in Egypt prior to the Revolution did not serve to ban civil society outright but rather gave enormous discretionary powers to the Ministry of Social Solidarity and other government agencies. In practice, this authority was brought to bear against certain organizations and individuals that crossed the government’s ‘red lines’ in pushing for social reform and political liberalization.
In the years following the revolution, however, the government engaged in a more overt and sweeping crackdown on civil society. A criminal case launched in 2011, focused on Egypt-based international organizations alleged to have received foreign funding without government permission, was reopened and expanded in 2016 to focus on Egyptian organizations. From 2016 to 2021, a number of Egypt’s most prominent civil society leaders were banned from travel in connection with the case, and several had their personal and organizational assets frozen under court order. Others were detained and interrogated.
The crackdown has included a range of new laws and regulations, as well, to constrain CSOs and individuals’ freedoms of association, assembly, and expression. Among the most severe: A new assembly law passed in 2013 effectively banned protests by requiring government authorization for groups of ten or more people to assemble (under 2017 amendments to the law, the judiciary—rather than the Interior Ministry—provides ultimate authorization or refusal). In 2014, the government amended the Penal Code to heighten severe penalties that may be applied to organizations that receive foreign funding with the intent to harm the “national interest,” “national sovereignty,” or “public peace.” Restrictive, overbroad counterterrorism legislation was adopted in 2015, with a sweeping definition of “terrorist entities” broad enough to encompass CSOs carrying out legitimate, peaceful advocacy activities. And in 2018, Egypt enacted a cybercrimes law that authorizes the state to block websites deemed to threaten to national security, effectively sanctioning the government’s ongoing practice of blocking websites—including those of CSOs and independent news platforms.
In 2017, the government also approved a draconian new law to govern CSOs, replacing Law 84 of 2002. Domestic and international CSOs, governments, and UN entities roundly condemned the restrictive new law, Law 70 on Associations and Other Foundations Working in the Field of Civil Work, which created egregious constraints on CSOs’ formation, funding, activities, contact with international entities, and internal governance, and imposed severe criminal penalties on CSOs for violations. Despite its ratification, however, the law was never fully enforced—the government never issued implementing regulations to guide its application—and in November of 2018, President el-Sisi publicly indicated that he supported amendment of the law.
Following those remarks, a government committee initially formed to develop amendments to Law 70, drafted what the government put forth as a “new” law. Provisions of the draft law were withheld from the public until it was submitted to Parliament, which approved the law within a week. President el-Sisi ratified the law, Law 149 Regulating the Exercise of Civil Work (English)(Arabic), and it was published on August 19, 2019.
While Law 149 omits the individual prison sentences provided for in Law 70, it retains the overwhelming majority of restrictions present in that law. It preserves an overall regulatory approach to civil society characterized by excessive government control, including by imposing significant legal and administrative hurdles to organizations’ formation, activities, and access to domestic and foreign resources. Nor does Law 149—as the government has claimed—align with international standards for the protection of freedom of association. Law 149 perpetuates serious obstacles to freedom of association and will likely hinder rather than enable the realization of a vibrant, independent, and sustainable civil society sector that can support the development and democratization of Egypt.
Civic Freedoms at a Glance
Organizational Forms | Associations and civil foundations |
Registration Body | Ministry of Social Solidarity |
Approximate Number | Approximately 55,000 associations were registered with the Ministry of Social Solidarity in late 2020. |
Barriers to Formation | Law 149 requires that associations have ten founding members and a physical headquarters. Registration is mandatory for all entities that practice “civil work,” defined in the law as non-profit activities that aim to achieve societal development. Informal (unregistered) associations and foundations are prohibited. Registration is by “notification,” but the process requires submission of extensive documentation, and allows the Ministry broad discretion to reject the registration during a 60-day waiting period. |
Barriers to Operations | Associations are limited to activities in the fields of development and social welfare. Numerous activities are prohibited, including any activity that “violates the public order, public morals, national unity or national security.” The law also gives authority to government officials to inspect an association’s premises at any time and otherwise interfere in the association’s internal affairs of the association, including the ability to review and reject decisions made by the association’s board. Sanctions for legal violations include steep fines for individuals and dissolution of an association. |
Barriers to Resources | The Ministry must issue a special letter to a bank affiliated with the Central Bank of Egypt before an association may open a bank account. Associations must notify the Ministry before they receive foreign funds or funds from Egyptian individuals abroad, and wait sixty days without the Ministry’s objection, during which they may not use the funds. Notification to the Ministry is also required when an association receives or collects donations from domestic sources. A license is required to carry out fundraising. |
Barriers to Expression | Law 149 prohibits engagement in “any political” or “partisan” activity that is regulated by other laws; similar provisions have been used to limit organizations’ advocacy activity. Associations may not conduct opinion polls. “Field research” is prohibited unless it has been approved beforehand. Criminal defamation laws have been used to silence critics of the government. Restrictive laws on the press and media, as well as a cybercrimes law, constrains expression offline and online. |
Barriers to Assembly | Protest organizers must notify the government three days in advance of a public assembly of ten or more people. Excessive force is often used against protesters, and thousands of protest participants have been arbitrarily detained and imprisoned. |
Legal Overview
RATIFICATION OF INTERNATIONAL AGREEMENTS
Key International Agreements | Ratification* |
---|---|
International Covenant on Civil and Political Rights (ICCPR) | 1982 |
Optional Protocol to ICCPR (ICCPR-OP1) | No |
International Covenant on Economic, Social, and Cultural Rights (ICESCR) | 1982 |
Optional Protocol to ICESCR (Op-ICESCR) | No |
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) | 1967 |
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) | 1981 |
Optional Protocol to the Convention on the Elimination of Discrimination Against Women | No |
Convention on the Rights of the Child (CRC) | 1990 |
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) | 1993 |
Convention on the Rights of Persons with Disabilities (CRPD) | 2008 |
Key Regional Agreements | Ratification |
---|---|
Arab Charter on Human Rights | 2004** |
African Charter on Human and Peoples’ Rights | 1984 |
* Category includes ratification, accession, or succession to the treaty
** Signed, but has not ratified
CONSTITUTIONAL FRAMEWORK
Egypt’s Constitution was adopted by popular referendum in January 2014, and most recently amended in 2019. The constitution contains numerous rights protections that are relevant to civil society, although most of these have yet to see significant enforcement in practice. Relevant Constitutional provisions include:
Article 65 – Freedom of Thought
Freedom of thought and opinion is guaranteed.
All individuals have the right to express their opinion through speech, writing, imagery, or any other means of expression and publication.
Article 70 – Freedom of the Press
Freedom of press and printing, along with paper, visual, audio and digital distribution is guaranteed. Egyptians — whether natural or legal persons, public or private — have the right to own and issue newspapers and establish visual, audio and digital media outlets.
Newspapers may be issued once notification is given as regulated by law. The law shall regulate ownership and establishment procedures for visual and radio broadcast stations in addition to online newspapers.
Article 71 – Freedom of Publication
It is prohibited to censor, confiscate, suspend or shut down Egyptian newspapers and media outlets in any way. Exception may be made for limited censorship in time of war or general mobilization.
No custodial sanction shall be imposed for crimes committed by way of publication or the public nature thereof. Punishments for crimes connected with incitement to violence or discrimination amongst citizens, or impugning the honor of individuals are specified by law.
Article 73 – Freedom of Assembly
Citizens have the right to organize public meetings, marches, demonstrations and all forms of peaceful protest, while not carrying weapons of any type, upon providing notification as regulated by law.
The right to peaceful, private meetings is guaranteed, without the need for prior notification. Security forces may not attend, monitor or eavesdrop on such gatherings.
Article 74 – Freedom to Form Political Parties
Citizens have the right to form political parties by notification as regulated by the law. No political activity may be exercised or political parties formed on the basis of religion, or discrimination based on sex, origin, sect or geographic location, nor may any activity be practiced that is hostile to democracy, secretive, or which possesses a military or quasi-military nature.
Parties may only dissolved by a judicial ruling.
Article 75 – Right to Establish Associations
Citizens have the right to form non-governmental organizations and institutions on a democratic basis, which shall acquire legal personality upon notification.
They shall be allowed to engage in activities freely. Administrative agencies shall not interfere in the affairs of such organizations, dissolve them, their board of directors, or their board of trustees except by a judicial ruling.
The establishment or continuation of non-governmental organizations and institutions whose structure and activities are operated and conducted in secret, or which possess a military or quasi-military character are forbidden, as regulated by law.
Article 76 – Right to Form Syndicates
The establishment of federations and syndicates on a democratic basis is a right guaranteed by law. Such federations and syndicates will possess legal personality, be able to practice their activities freely, contribute to improving the skills of its members, defend their rights and protect their interests.
The state guarantees the independence of all federations and syndicates. The boards of directors thereof may only dissolved by a judicial ruling.
Syndicates may not be established within governmental bodies.
Article 77 – Trade Unions
The law shall regulate the establishment and administration of professional syndicates on a democratic basis, guarantee their independence, and specify their resources and the way members are recorded and held accountable for their behavior while performing their professional activities, according to ethical codes of moral and professional conduct.
No profession may establish more than one syndicate. Receivership may not be imposed nor may administrative bodies intervene in the affairs of such syndicates, and their boards of directors may only be dissolved by a judicial ruling. All legislation pertaining to a given profession shall be submitted to the relevant syndicate for consultation.
NATIONAL LAWS, POLICIES, AND REGULATIONS
Relevant national-level laws and regulations affecting civil society include:
- Constitution of Arab Republic of Egypt of 2014
- Civil Code (Law 131 of 1948 as amended)
- Law on Regulating the Exercise of Civil Work (Law 149 of 2019) [English] [عربي]
- Law on the Right to Public Meetings, Processions and Peaceful Demonstrations (Law 107 of 2013)
- Assembly Law of 1914 (Law 107 above did not replace this law, which is still on the books and may be used to impose additional penal sanctions)
- Law Regulating the Press, Media, and the Supreme Council for Media Regulation (Law No. 180 of 2018)
- Commercial Register Law (Law 34 of 1976 as amended by Law 98 of 1996)
- Anti-Cyber and Information Technology Crimes Law, 2018
- Resolution of the Prime Minister Concerning Executive Regulations for Law No. 149 of 2019 on Regulating the Exercise of Civil Work
- Implementing Regulations 104 of 2021 for the Law Regulating the Exercise of Civil Work (Law 149 of 2019) [English]
PENDING REGULATORY INITIATIVES
The government commenced a “National Dialogue” in May 2023, purportedly to convene Egyptians from various sectors, including civil society, to discuss solutions to the country’s political, social, and economic crises. However, few rights activists participated, and an August 2023 report on the Dialogue’s outcomes and recommendations did not meaningfully address critical human rights and civic space challenges. CSOs are still required to register under Egypt’s repressive 2019 CSO law or risk being dissolved. Those CSOs that do register under the law face onerous requirements and chilling prohibitions. It is unclear if the Dialogue will lead to any reconsideration of these restrictive provisions.
Please help keep us informed; if you are aware of pending initiatives, write to ICNL at ngomonitor@icnl.org.
Legal Analysis
ORGANIZATIONAL FORMS
Law 149 of 2019 provides for the establishment of civil associations and foundations. Not-for-profit companies can be established according to provisions in the Egyptian Civil Code and Corporate Code, however if these entities practice “civil work” as defined by Law 149, or “any of the activities of associations,” they must comply with Law 149.
According to Law 149, an association is an “organized group aimed at contributing to the development of individuals and the society; realizing the society’s demands; maximizing its capacity for participation in the public sphere and sustainable development; and not aiming at a profit.” It must be “established in accordance with the provisions of [Law 149] and shall be composed of no less than ten natural or legal persons, or both.” (Article 1(2)) Civil work is defined in the law as any not-for-profit activity that aims to achieve social development. (Article 1(1)) In addition to requiring at least ten founders to form an association, the law requires that all founders and board members must have the legal capacity to exercise their civil and political rights and must never have been convicted of a crime that “breaches honor or integrity” and that was punished with a prison sentence or other criminal penalty unless they have been rehabilitated, nor may their names have appeared on “terrorist lists.” (Article 4) Further, the number of founders or members of an association that are not Egyptian cannot be more than 25 percent. (Article 5)
According to Law 149, a foundation is established where a natural or legal person designates a fund of at least 20,000 Egyptian Pounds (approximately $1,200) for a not-for-profit, civil work purpose. (Article 1(4))
The remainder of this report will focus on associations, as the association has historically been by far the most common organizational form of CSO in Egypt.
PUBLIC BENEFIT STATUS
An association that pursues the public interest in its activities may be recognized as a “public benefit association” via a resolution from the Prime Minister or his or her delegate. (Article 55) An association may request this status from the Ministry of Social Solidarity and the Ministry will determine whether the association meets two criteria: if it aims to achieve a public benefit, and if its activities do not reveal any “financial, technical, or administrative violations.” (Executive Regulations, Article 99)
According to Article 56 of Law 149, the resolution from the Prime Minister or their delegate will also define the privileges that public benefit associations may enjoy, including the protection of such associations’ funds and possible government seizure of properties to assist the associations in fulfilling their public benefit purposes. Historically, many public benefit associations in Egypt have had close political links to the ruling party or President.
BARRIERS TO FORMATION
Law 149 of 2019 includes of a number of legal and practical barriers to the establishment of associations. First, the law requires that all organizations doing “civil work” (defined above, see “Organizational Forms”) effectively register under Law 149 in order to operate. The law expressly prohibits any entity to carry out civil work without complying with Law 149. (Preamble Articles 3-4) Any individual who establishes or works with an unregistered or unauthorized organization is subject to up a fine of 100,000-1 million Egyptian Pounds (roughly $6,000-$60,000). (Article 94)
In order to register, the law provides that associations “merely” need to notify the Ministry of Social Solidarity of their establishment. Nonetheless, subsequent provisions ensure that the notification process is burdensome, time-consuming, and subject to expansive government discretion: The notification of establishment must be accompanied by an extensive amount of documentation and personal information about founders including their criminal records, for instance. Associations must also have evidence that they occupy a physical property and pay a fee of up to 5,000 Egyptian Pounds (roughly $300) as part of their notification. (Article 8)
When an association submits its notification, the Ministry of Social Solidarity (hereafter “Ministry”) must provide a receipt, acknowledging that the association has fulfilled the information and documentation requirements. (Article 9) For sixty days following receipt of an association’s notification, however, the Ministry has broad grounds to suspend the association’s legal establishment, including if any of the information it has provided is “incomplete or unauthentic,” or if its proposed purposes are criminalized in the Penal Code or “any other law.” (Article 9) In the case of a suspension, Law 149 provides that associations have sixty days to correct any violation or provide any missing information; they may also appeal the suspension decision before a court. (Article 9) Only after sixty days have elapsed without Ministry objection may associations consider themselves duly established.
Foreign and international NGOs have additional obstacles: In order to operate in Egypt, they must apply for and obtain an operating permit from the Ministry of Foreign Affairs. (Article 65) According to Law 149, the license will authorize the association’s activities “for a limited term” determined by the Minister of Foreign Affairs; there are no conditions or criteria to circumscribe this determination. The license request must be accompanied by extensive “data and documents” which include the organization’s funding sources and sources of funding for all activities to be carried out in Egypt, and criminal histories of the organization’s founders and managers. Foreign and international organizations seeking a license must also pay a fee of up to 50,000 Egyptian Pounds (approximately $3,000) which will increase by 20 percent every time the license is renewed, up to 200 thousand Egyptian Pounds (approximately $12,000). (Article 66, 67)
According to Law 149’s Executive Regulations, the operating license for foreign and international organizations will specify the activities—as well as the activities’ geographic scope, duration, and sources of funding—that the organizations are permitted to undertake in Egypt. (Executive Regulations, Article 116) Law 149 provides that the Minister of Foreign Affairs may cancel the operating license at any time for “reasons related to any threats to national security, public safety, or public order.” (Article 74) The Minister of Foreign Affairs may also cancel or suspend the organization’s activities if it violates Law 149 or the “rules for conducting licensed activities” (Article 74). The cancelation or suspension order must be “reasoned,” but it is not appealable.
BARRIERS TO OPERATIONS
Barriers to operational activity in Egypt take the form of explicit, legal limitations on permissible activities, governmental interference in internal affairs, vague grounds for dissolution, the imposition of harsh sanctions, and extra-legal harassment by security authorities.
First, Law 149 of 2019 expressly limits the activities that CSOs may engage in. Domestic associations and foreign NGOs are restricted to undertaking activities “in the fields of societal development” that consider “the development plans of the state and needs of the community.” (Article 14) On the other hand, Law 149 lists numerous activities that are prohibited: all associations are barred from carrying out “any political, partisan, or union activity” regulated by other laws, or anything that “violates the public order, public morals, national unity or national security.” (Article 15(b) and (d)) They are barred from conducting opinion polls or publishing the results and they cannot conduct field research unless it is approved beforehand by the Central Statistics Organization. (Article 15(j)) Associations are additionally barred from undertaking any activities that are “contradictory” to the purposes listed in their approved notification or license. (Article 15(a)) Violation of these prohibitions may be penalized by suspension of the association’s activities, dismissal of its directors, dissolution, and/or steep fines levied on any individuals personally involved in conducting the activities. (Articles 45, 47, 48, 94, 95)
Second, Law 149 also explicitly authorizes the government to interfere in the internal affairs of an association. Specifically:
- Law 149 provides that representatives of the Ministry (of Social Solidarity) may enter the premises of an association “to monitor its activities, review its records, and inspect the administrative, technical and financial aspects of its work.” (Article 30) The Ministry must notify the association about the inspection beforehand unless it has received an “official complaint,” in which case it is authorized to enter without prior notice. (Article 30) An association’s staff and directors are obligated to facilitate the Ministry’s inspection. (Article 30)
- Law 149 establishes a new unit within the Ministry, called the “Central Unit,” that is tasked with the “supervision and oversight” of Egyptian and foreign organizations. (Article 76) The staff of the Central Unit as well as any “subunits” identified by the Ministry of Justice are endowed with the authority of “judicial control officers,” or law enforcement, in carrying out their mandate. (Article 79)
- Law 149 requires that associations submit to the Ministry the minutes of all meetings of its directors and all decisions taken (Article 36), and authorizes the Ministry to contest any decision taken by an association. The Ministry may request the withdrawal of such a decision within 30 days if it is deemed to violate the law or the association’s bylaws. (Article 34)
- The Ministry may review any new board members that an association proposes and disqualify those it deems ineligible for candidacy. (Article 38) The disqualified member may appeal to a court, but he or she has only seven days to do so.
- The Ministry or any other individual may seek a court order to dismiss an association’s board of directors on broad grounds: These include the association’s receipt or sending of money from a foreign source without prior approval; entering into an agreement with a foreign organization without prior approval; committing crimes related to the misuse of public funds; or failing to enable an inspection of the association’s records and activities by Ministry representatives. (Article 47)
Third, Law 149 provides for numerous overbroad acts or omissions that may result in the Ministry suspending an association’s activities for up to one year or dissolving the association altogether. Acts for which the Ministry may suspend an association’s activities include: submitting inaccurate data in the association’s notification documents; relocating without notifying the Ministry within three months; carrying out activities not listed in the association’s notification or not otherwise specifically licensed; allocating money to activities for purposes other than those the association was established for; and carrying out activities prohibited by Law 149. Notably, Law 149 provides that the Ministry may issue a suspension order temporarily, but that it is only effective if supported by a court decision that the Ministry must request within seven days of issuing the order. (Article 45)
Law 149 also provides a number of broad grounds for associations to be dissolved by court order, including the receipt of foreign funding without prior permission or raising domestic funds without prior notification to the government. (Article 48(4)-(5)) The Ministry may also request a court-ordered dissolution if an association collaborates or affiliates with a foreign entity without prior government approval. (Article 48(6)), or if an association’s “real purposes” are “proven” to include the carrying out of activities prohibited by Law 149 (Article 48(2)). While an association’s court case is pending, the law prohibits it from fundraising or receiving any foreign donations. (Article 49) Finally, in any instance of an individual offense under the law (see below), the court may order an association’s closure, prohibit it from receiving donations, or suspend its activities. (Article 97)
Fourth, Law 149 and other provisions of Egyptian law make harsh individual sanctions – including steep fines – available for associations’ and their members’ violations of the law. Law 149 provides, for instance, that an individual who “conducts” any activity that “violates the public order, public morals, national unity or national security,” will be subject to a fine of between 100 thousand and one million Egyptian Pounds (approximately $6,000-$60,000). (Article 94(3)) The law imposes a fine in the same range on any member or director of an association who receives funds from outside of Egypt or sends of funds abroad without obtaining approval, or who otherwise violates the law’s provisions related to fundraising. (Article 94(1)) Law 149 imposes a lesser but still severe fine of between 50,000 and 500 thousand Egyptian Pounds (approximately $3,000-$30,000) on individuals for a number of other acts, including practicing “a political, partisan, or union activity that is regulated by other laws,” conducting opinion polls, entering into an agreement with a foreign entity without prior Ministry approval, or failing to facilitate the Ministry’s inspection of an association. (Article 95(3)-(4)) Finally, Law 149 provides that the individual in charge of an association’s management may be held jointly liable and punished with the same sanctions if he or she knew of the violations and failed to prevent them. (Article 96)
In addition to the above, Law 149 incorporates by reference—as Law 70 did—any harsher penalty in the Penal Code or “any other law.” (Article 93) Certain provisions of the Penal Code, in particular Articles 86bis and 98, also penalize particular activities relating to associations.
Finally, the security apparatus has historically interfered in association’s activities and operations, and prominent rights groups have been victims of harassment in recent years. Authorities raided and searched the Egyptian Commissions for Rights and Freedom’s (ECRF) offices in Cairo in October 2016. Security authorities also shut down the El-Nadeem Center for the Rehabilitation of Victims of Violence and Torture in February 2017, after repeated attempts to shutter the Center and freezing of its assets in 2016.
Barriers to International Contact
Law 149 requires that associations obtain advance approval from the Ministry of Social Solidarity before they may “join, affiliate, participate, or cooperate, in any other form” with a foreign entity. (Article 19) In addition, Law 149 separately provides that an association may not enter into “agreements of any kind” with any foreign entity, whether inside or outside of Egypt, unless the Ministry has granted specific approval. (Article 15(k)) Law 149 prohibits associations from employing foreign individuals, whether “as experts, temporary or permanent workers, or volunteers,” unless they have obtained a license to do so from the Minister. (Article 72) Associations may only open branch offices outside Egypt with permission from the Ministry, as well. (Article 20)
In practice, the government has repeatedly targeted members of civil society who engage with international actors. In 2020, staff of the Egyptian Initiative for Personal Rights were arrested days after they held a human rights briefing for a group of Western diplomats. Egyptian authorities have also issued travel bans to prevent numerous civil society representatives and activists from traveling outside Egypt to participate in international conferences and meetings.
BARRIERS TO RESOURCES
Law 149 requires that associations’ bank accounts be located in a bank under the supervision of the Central Bank of Egypt, and that they use only those accounts for all transactions related to the association’s activities. (Article 23) The accounts may only be opened once an association has successfully completed the notification process, at which point Law 149 provides that the Ministry “shall issue a letter” to a bank under the Central Bank of Egypt, directing it to open a bank account for the association. (Article 10) It is not clear if an association can open an account in the absence of this letter, or what actions it can take to obtain this letter if the Ministry fails to issue it. Associations must notify the Ministry of the number of their bank account. (Article 32)
Law 149 provides that associations may carry out other financial activities, out-side of bank transactions, only after notifying the Ministry and obtaining approval from the Financial Regulatory Authority. (Article 35)
Law 149 provides for the creation of a new Ministry database, which will include information on all associations’ sources of funding. (Article 8, 10) The Ministry may also request that the Attorney General order banks to disclose information about associations’ accounts. (Article 10)
Law 149 provides that associations’ resources are considered “public funds.” (Article 23), which has significant implications under Egyptian law. According to the Penal Code, any citizen may request an investigation of spending from “public funds,” and if someone requests an investigation of an association’s resources, the association’s access to those funds may be frozen. If a court ultimately finds that “public funds” have been misused, moreover, it may impose severe penalties under the Penal Code.
Foreign Funding
Law 149 perpetuates a system of state control over associations’ access to foreign funding, giving the government the authority and unbounded discretion to disallow most grants and donations from outside Egypt or from foreign entities inside Egypt. (Article 27) If an association receives such funds, it must notify the Ministry within 30 days. The required “notification” comprises extensive information about the donor, the funds, and the activities to be funded—including a detailed budget for each activity and a “feasibility study” of the activity. (Executive Regulations, Article 47) The Ministry has 60 days to object to the funds, during which time the association may not use the funds. Neither the law nor its Executive Regulations provide specific grounds on which the Ministry may object, giving the Ministry unbounded discretion to reject a funding request. Within 15 days of such an objection, the association must request have its bank return the funds, and must provide documentation to the Ministry proving that it did so. (Executive Regulations Article 49)
Notably, Law 149 provides that the absence of a Ministry objection during the 60-day period may be considered approval. (Article 27) However, the law and its Executive Regulations do not provide a way for associations to prove the absence of an objection.
Failure to comply with Law 149’s requirements around foreign funding can lead to individual penalties including a fine of between 100 thousand and one million Egyptian Pounds (approximately $6,000-$60,000) (Article 94(3)), and may also be grounds for the court-ordered dissolution of an association. (Articles 48(4))
Sending funds from an Egyptian CSO to a natural or legal person abroad also requires advance approval from the Ministry. (Article 27) The law makes an exception for scientific and technical books, magazines, publications, and brochures.
Egypt’s Penal Code creates additional restrictions on foreign funding. Following amendments in September 2014, Penal Code Article 78 provides for expanded penalties on anyone who accepts foreign funds in order to conduct activities deemed harmful to Egypt’s national interests and unity. Article 78 punishes with life in prison and a steep fine anyone who receives funding or other support from a foreign source, with the intent to “harm the national interest,” “compromise national unity,” or “breach security or public peace.” The provisions impose the same penalty of a life sentence on anyone who gives or offers such support, or “facilitates” its receipt. The vague language and broad terms of Article 78 have led to self-censorship among human rights organizations and activists, who fear the provisions may be used to prosecute them for activity that is critical of the government.
In August 22, 2023, the government announced that charges had been dismissed against 75 CSOs in Case 173 from 2011, which involved targeting groups for receiving foreign funding. However, the government made the same announcement in 2021, and ten other organizations and more than 20 activists associated with them remain under investigation with their assets are frozen and their being unable to travel outside of Egypt.
Domestic Funding
Law 149 imposes similar limitations on associations’ access to domestic funding as well. The law provides that associations must notify the Ministry upon receipt of any donations, grants, or any other form of funds from local entities in Egypt or foreign organizations licensed to operate in Egypt. (Article 24) The Executive Regulations provide that organizations receiving such funds must follow the same process as with foreign funding: They must submit a “notification,” comprising extensive details and documentation, within 30 days of receiving the funds, and wait for 60 days during which the Ministry may object. (Executive Regulations Articles 47-48)
Law 149 also restricts associations’ ability to carry out domestic fundraising: Any fundraising activity may be undertaken only after associations obtain a license from the Ministry. (Article 25-26) The association must submit a license request at least 60 days prior to the fundraising activity. The request must include the activities for which donations are sought, and the methods, duration, and geographic scope of the fundraising. (Executive Regulations Article 57) If an association violates the licensing conditions, the Ministry may suspend the association’s activities for up to one year or request a court to order its dissolution or dismissal of its directors. (Article 29)
BARRIERS TO EXPRESSION
Egyptian law prohibits “any political, partisan, or union activity” by associations and other entities governed by Law 149. This prohibition is broader than that in the previous CSO law, Law 84 of 2002, which more narrowly prohibited associations from carrying out “any political activities the exercise of which is restricted to political parties according to the Parties Law.” The broader language of Law 149 gives officials greater leeway to decide what is considered “political” or “partisan” and thus prohibited under the law. Advocacy activities or those concerned with civil and political rights, for instance, could potentially be encompassed by the law and disallowed.
In recent years, legal prohibitions on “fake news” have been increasingly used to target civil society speech and advocacy that is critical of Egypt’s government. Article 102 of the Penal Code prohibits the “spreading of fake news” if it “harms the public interest,” while the press and publications law (amended in 2018), criminalizes its spread by journalists or anyone with more than 5,000 followers on social media. Neither law defines “fake news,” and offenses may be punished by up to 15 years in prison. In 2018, rights advocate Amal Fathy was sentenced to two years in prison for “spreading fake news” after she posted a Facebook video criticizing the lack of government action to address sexual harassment. Scores of other rights activists, journalists, bloggers, and others have been detained under “fake news” charges. In many cases, authorities circumvent limits on pre-trial detention to keep detainees imprisoned for years.
Members of civil society have also been increasingly targeted for their advocacy with charges under Egypt’s 2015 counterterrorism legislation. Often used alongside “fake news” prohibitions, counterterrorism laws define terrorist activity extremely broadly and can cover advocacy deemed to “disturb public order” or “harm national unity.” Penalties include lengthy prison sentences. Human rights lawyer Hoda Abdel Moneam, for instance, spent over four years in pre-trial detention for charges, including joining a terrorist organization, after working with a rights group to expose state torture and forced disappearance cases. According to rights groups, between 2013 and 2020, some 11,700 people in Egypt were charged with terrorism offenses—the vast majority unrelated to violent extremism.
The crackdown has continued since 2020. For example, in August 2023, Egyptian authorities detained Hisham Kassem and prosecutors quickly referred him for an “urgent trial” on charges of libel and slander related to online posts critical of a former government minister. His prosecution was part of a new wave of free speech prosecutions against critics. Kassem had participated in June 2023 in founding the Liberal Free Current Movement, which on its inauguration stated that it aims were to be a coalition representing several liberal political parties critical of the al-Sisi government. Kassem also criticized the government’s economic policies and the role of the military in political life.
BARRIERS TO ASSEMBLY
Restrictive laws and repressive government practices have sharply curtailed the right to peaceful assembly in Egypt. Under Law 107 of 2013 Organizing the Right to Public Meetings, Processions, and Peaceful Protests, spontaneous protests are prohibited, and protesting without properly notifying authorities is punishable by imprisonment. Egypt’s Illegal Assembly Law of 1914 also remains in effect, and, together with various provisions of the Penal Code, is often used to bring additional charges against individuals detained in the context of protests. Protesters face prison time and steep fines for committing vaguely defined offenses such as “violating public order”, “impeding public interests”, or “obstructing traffic.” Authorities regularly charge protesters with laws that carry more severe penalties, like the counterterrorism and “fake news” laws discussed above, as well.
The law also fails to place adequate restrictions on the use of force to break up assemblies, and police have forcibly dispersed numerous peaceful protests. In 2014, security forces killed more than 900 people in the violent dispersal of a mass anti-government sit-in in Rabaa al-Adawiya Square. Since the 2013 protest law was issued, it is estimated that many thousands of individuals have been arrested and imprisoned under the law. These include prominent activists such as Alaa Abd El-Fattah, a leader of the “No to Military Trials” campaign, who was arrested for organizing an unauthorized protest and sentenced in 2015 to five years in prison. In the fall of 2019, amidst anti-government demonstrations across the country, authorities arrested nearly 1,000 protesters, including dozens of children.
Additional Resources
GLOBAL INDEX RANKINGS
Ranking Body | Rank | Ranking Scale (best – worst possible) |
---|---|---|
UN Human Development Index | 97 (2022) | 1 – 182 |
World Justice Project Rule of Law Index | 136 (2023) | 1 – 138 |
Transparency International | 108 (2023) | 1 – 180 |
Foreign Policy: Fragile States Index | 44 (2024) | 179 – 1 |
Freedom House: Freedom in the World | Status: Not Free Political Rights: 6 Civil Liberties: 12 (2024) | Free/Partly Free/Not Free 40 – 1 60 – 1 |
REPORTS
UN Universal Periodic Review Reports | Egypt UPR page |
Reports of UN Special Rapporteurs | Egypt |
U.S. State Department | 2022 Human Rights Report: Egypt |
Fragile States Index Reports | 2022 Foreign Policy Fragile States Index |
IMF Country Reports | Arab Republic of Egypt and the IMF |
International Center for Not-for-Profit Law Online Library | Egypt |
NEWS
Civil society groups call for release of top Egyptian activist (September 2024)
Egyptian and international civil society groups called for the release of the country’s most prominent activist, Alaa Abd el-Fattah, after his lawyer indicated that he would remain in detention until 2027. Egyptian-British software developer and blogger Abd el-Fattah had hoped to be freed, when he will have been imprisoned for five years since his latest detention in 2019. In 2021, he was sentenced to five years in prison on charges of spreading false news after sharing a social media post, but Abd el-Fattah’s lawyer said this month that authorities were not planning to include his period of pretrial detention as counting towards his release.
Relatives of regime critics face state reprisal (February 2024)
The president of Egypt, Abdel Fattah al-Sisi, was voted in for a third term after an election where he faced no serious challengers. The president was able to claim the top job after Egypt’s constitution was amended in 2019, extending the presidential term to six years from four, and allowing Sisi to stand for a third term. The election, in which he took 89.6% of the vote, according to the National Election Authority, was held as Egypt struggles with a slow-burning economic crisis and tries to manage the risk of spillover from the Israel-Gaza war.
In Egypt, relatives of regime critics face state reprisal (August 2023)
The arrest of the Egyptian father of a German activist is the latest in an escalating trend of targeting families of outspoken activists to silence dissent, while the international community turns a blind eye. Protestors took to the streets in Frankfurt, Germany in front of the Egyptian General Consulate to protest the arbitrary detainment of German resident, Alaa Eladly. Eladly was arrested earlier this month upon landing in Cairo from Germany, where he currently resides with his family. Over 60 demonstrators held a silent protest with their demand clearly written on signs with the hashtag: #FreeAlaaEladly.
Leading Activists, Lawyers Pull Out of National Dialogue After Rights Advocate’s Sentencing (July 2023)
At least three leading activists and lawyers have announced their withdrawal from the country’s so-called “National Dialogue” after Egypt’s emergency state security court sentenced human rights defender and academic Patrick George Zaki to three years in prison on trumped up charges, said Democracy for the Arab World Now (DAWN).
Independent civil society organizations at risk of closure after NGO deadline passes (April 2023)
Independent civil society groups may be forced to shut down in Egypt, further limiting the space for civic engagement and human rights activism in the country, Amnesty International said today, as the deadline for non-governmental organizations (NGOs) to register under the repressive 2019 NGO law expires.
Harsh Sentences Against Rights Activists (March 2023)
The Egyptian authorities should overturn the harsh prison sentences imposed on March 5, 2023, following an unfair mass trial of 29 men and women solely because of their peaceful activism, Human Rights Watch said today.
Civil society groups report surveillance and intimidation at Cop27 (November 2022)
Members of civil society attending Cop27 have described how surveillance and intimidation by the Egyptian authorities is threatening their participation in the climate conference.
Egypt urged to ensure civil society’s full participation in climate summit (October 2022)
Authorities in Egypt must ensure civil society can safely and fully participate in the COP27 UN climate change conference, a group of UN independent human rights experts has said. The main concerns of civil society activists are lack of information and transparent accreditation criteria for Egyptian NGOs, a coordinated increase in hotel room rates, undue restrictions to freedom of peaceful assembly outside the conference venue, and unjustified delays in the provision of visas to those traveling from abroad.
ARCHIVED NEWS
Egypt’s leader ends state of emergency, says it’s no longer needed (October 2021)
Egypt announces human rights strategy to mixed reviews (September 2021)
Judge drops charges against 4 NGOs in “foreign funding case” (September 2021)
At the UN, States criticize the human rights situation in Egypt (March 2021)
Egypt arrests leading human rights group’s employees (November 2020)
Egypt uses terrorism trials to target human rights activists (October 2020)
Hundreds arrested on anniversary of 2019 anti-corruption protests (September 2020)
“Targeting the Last Line of Defense: Egypt’s Attacks against Lawyers” (September 2020)
Amnesty: Human rights defender handed outrageous 15-year prison sentence (August 2020)
Egypt moves toward toughening up draconian anti-terror law (February 2020)
Human rights organizations call on Egyptian authorities to cease restrictions on internet freedoms (May 2020)
Covid-19 Cover for New Repressive Powers (May 2020)
Egypt: Campaign against state’s unlawful use of colonial-era Assembly Law continues despite courtroom defeat (January 2020)
Egypt police raid independent news outlet after journalist arrest (November 2019)
Egypt’s Harsh Crackdown Quashes Protest Movement (October 2019)
Rights Groups Call for Immediate Release of Protesters (September 2019)
New NGO Law Renews Draconian Restrictions (July 2019)
Arrests Target Political Figures Involved in New Coalition to Run in 2020 Parliamentary Elections (June 2019)
Constitutional Amendments Entrench Repression (April 2019)
Egypt Tightens Restrictions on Media, Social Networks (March 2019)
Court acquits 43 defendants of all charges in NGO foreign funding case (December 2018)
Egypt MPs welcome President Sisi’s call to amend controversial NGO law (November 2018)
Egypt Passes Law to Regulate Media as President Sisi Consolidates Power (July 2018)
Egyptian Parliament Approves Cybercrime Law (June 2018)
Egypt’s parliament moves forward on anti-cybercrime law (April 2018)
Sentences annulled for 16 defendants in 2011 NGO foreign funding case, retrial ordered before criminal court (April 2018)
Censorship tightens in Egypt as el-Sisi prepares for re-election bid (March 2018)
Egypt’s parliament approves three-month nationwide state of emergency (October 2017)
Protest cases to be tried in regular, not military court (October 2017)
Egypt extends its assault on freedom of expression by blocking dozens of websites (August 2017)
Egypt’s President enacts law placing severe restrictions on aid groups (May 2017)
Egypt’s President Al-Sisi Issues Controversial NGO Law (May 2017)
Egypt’s state of emergency may act to further silence press (April 2017)
Rights lawyer jailed for 10 years, issued 5-year social media ban (April 2017)
Egypt’s parliament regulates NGOs in law activists says is repressive (November 2016)
Egypt parliament finally approves new NGO law (November 2016)
New regulation mandates NGOs consult ministry security department on activities (August 2016)
Retaliation still continues against the backdrop of “Foreign Funding” case (May 2016)
Egypt human rights defender accused of belonging to terrorist group (April 2016)
UN experts urge Egypt to end ongoing crackdown on human rights defenders (April 2016)
Judge imposes gag order on NGO foreign funding case (March 2016)
Nazra for Feminist Studies summoned for investigation in re-opened NGO case (March 2016)
NGO case reopened against Hossam Bahgat, Gamal Eid and others (March 2016)
Rights lawyer accused of managing illegal operation (March 2016)
Egypt dissolves 57 NGOs for “(Muslim) Brotherhood ties” (September 2015)
Renewed Crackdown on Independent Groups (June 2015)
Detentions, terrorist incidents increased in the first quarter of 2015 (April 2015)
Concerns over human rights and civil society discussed before UNHRC (March 2015)
Memorandum to the President from the CIHRS on the Constitution, Law, and the Emancipation of Civil Society (September 2014)
Egypt: Draft Law Threatens Independent Organizations (July 2014)
The Confiscation of Wasla: A Dangerous Escalation in Harassment of Human Rights (June 2014)
Egyptian president must reject flawed anti-terrorism laws (April 2014)
Rights groups outraged by the raid of ECESR (December 2013)
No Acknowledgment or Justice for Mass Protester Killings: Set Up a Fact-Finding Committee as a First Step (December 2013)
Egypt Warns Protesters Will Be Treated As Foreign Agents Ahead Of Military Celebrations (October 2013)
Egypt sentences American NGO workers to jail (June 2013)
NGO draft law ‘strikes fear’ into civil society (June 2013)
Ahmed Fahmi: NGO law fears unfounded (May 2013)
U.S. State Department Daily Press Briefing: Egypt’s NGO Law (April 2013)
Statement on Repressive NGO Law (February 2013)
Court ruling to block YouTube is disproportionate and violates right to information (February 2013)
Final draft of NGO law sent to Cabinet (February 2013)
NGOs talk human rights violations with EU, US representatives (February 2013)
Problematic NGO law About to Be Enacted (February 2013)
Egyptian Lawyer on Trial for Working With ‘Illegal Organization’ (January 2013)
NGOs can apply to oversee Egypt parliament polls until 15 February: SEC (January 2013)
Mostly forgotten, Egyptian trial of US NGO workers drags on (January 2013)
Egypt’s Constituent Assembly to become an NGO (January 2013)
NGOs reject Morsi’s constitutional declaration (December 2012)
Demonstrations in Tahrir Call for Annulling Constitutional Declaration (November 2012)
Campaign assembles NGOs against draft constitution (November 2012)
Rights groups say excluded from EU talks (November 2012)
The nationalization of Egypt’s civil society (November 2012)
Under new draft law foreign funding still requires permits (October 2012)
Egypt court to hear testimony in NGO foreign funding case in November (October 2012)
Fix draft Constitution to protect key rights (October 2012)
Civil society has its own draft law (October 2012)
Protection sought for political and non-governmental organizations (October 2012)
Arab League, OIC proposals out of step with progress on freedom of expression (September 2012)
Alarm raised over Egypt constitution (September 2012)
Intellectuals and rights advocates blast draft Egypt Charter on Freedoms (September 2012)
Government studies new law to regulate foreign capital (September 2012)
Rumors that judge of NGO case was sent to criminal court are false, say officials (August 2012)
Status of Muslim Brotherhood legal (August 2012)
US concerned about freedom of speech in Egypt, Bahrain (August 2012)
Funding for NGOs in decline following crackdown (July 2012)
NGOs see funding drying up as international donors grow scared (June 2012)
NGO case ruling could widen crackdown on civil society, says American defendant (June 2012)
Draft law will ensure Mubarak re-trial, MP Hamzawy (June 2012)
Trial of NGO workers set to resume in Egypt (June 2012)
NGO dispute means fewer monitors for Egypt vote (May 2012)
Representatives of NGOs reject new draft law (April 2012)
Joint press release by 25 Egyptian human rights organizations (April 2012)
U.S. pressing Interpol to deny Egypt’s request to arrest NGO workers (April 2012)
Cairo refused LE21 million in foreign NGO funding since January 25th uprising (March 2012)
Recent opinions about the restrictions on CSOs in Egypt (March 2012)
American activists fly out of Egypt, defusing row (March 2012)
Egypt: Govt-U.S. standoff could hit 40,000 NGOs (February 2012)
Egypt judges in NGO funding trial resign (February 2012)
NGO workers could face 5 years in prison, Egyptian judges say (February 2012)
Egypt names 19 Americans to face trial on NGO funding (February 2012)
Egypt officials see end to U.S. NGO stand-off (February 2012)
NGOs reject draft law regulating their activity (January 2012)
Harassment in Egypt (January 2012)
HRW Statement: Dismantle Tools of Repression (January 2012)
Egypt‘s NGOs must be protected (January 2012)
U.S.-funded NGOs in Egypt ‘shocked’ by raid on offices, deny funding parties or groups (January 2012)
The military council’s policy of exclusion and marginalization of institutions of civil society (October 2011)
Tough post-revolution reality for NGOs in Egypt (October 2011)
The Egyptian authorities should bring an end to attacks against civil society organizations (October 2011)
US defends aid as Egypt probes NGO foreign funding (August 2011)
Is Egypt considering a Freedom of Information law? (June 2011)
Human rights advocates want new constitution before elections (June 2011)
Human rights reform an urgent priority (June 2011)
The foregoing information was collected by ICNL LLC Middle East / North Africa Regional office in Amman, Jordan.