EOHR calls upon Morsi to enhance the human rights’ situation

June 27th, 2012 by Editor

The Egyptian Organization for Human Rights (EOHR) congratulates the nation’s first democratically elected president, Mohamed Morsi for the presidency. The board and staff members of EOHR hope to witness the situation of human rights in Egypt getting better during his presidency period. EOHR welcomes what he said urging his countrymen to put aside their differences and come together for the common good. EOHR hopes to achieve the rule of law and democracy during his presidency period.

Enhancement of the status of human rights and constitutional and legislative structure in Egypt is very important to achieve the state of law in democracy after the Egyptian revolution. In this regard, EOHR calls the new president to work with the new government on the following:

Legislative amendments:

– stopping activation of the Minister of Justice decree No. 4991 for the year 2012 which was published in the official newspaper on 13/6/2012 as it gives authority to officers, noncommissioned officers of military intelligence and military police of judicial arrest of civilians for their crimes (non-military ones). The Minister of Justice’s illegal decree gives authority of judicial arrest to the fore mentioned categories in the crimes set forth in sections (I, II and II bis, VII, XII and XIII) of the second book of the Penal Code, in Chapter XV and XVI of the third book of the same law.

– Reviewing Egyptian legislations to be in line with Egypt’s international obligations.

– Reviewing the definition of torture crime in the Egyptian law to comply with the recognition stated in the Convention against Torture.

– Issuing laws related to NGOs, violence against women, rights of disabled people, human trafficking, professional syndicates and health insurance.

– Studying the law proposed by the National Council for Human Rights to adopt a unified legislation for places of worship.

-Reconsidering on Egypt’s reservations on the international conventions concerned with human rights.

– reviewing the laws which restrict the rights and public freedoms, for example, the Political Parties Law No. 40 of 1977 and recent amendments, law No. 84 of 2002 and the Trade Unions Law No. 35 of 1976, Professional Syndicates Law No. 100 of 1993, as amended by Law No. 5 of 1995, also the Penal Code is full with numerous crimes which restrict the freedom of opinion and expression in several articles.

– Immediate release of the civil protesters, who were trialed by the military courts during and after the uprising on January 25, 2011.

–  guarantee the amendment of the provision of article 126 of the Penal Code to be compatible with the provision of Article I of the International Convention for the Prevention of Torture – which was ratified by Egypt in 1986, and quickly decide on the bill which had already been prepared by the EOHR for amending some articles concerning torture in the Penal Code articles (126, 129, 280) and criminal procedures (63, 232).

– reviewing the poor condition of economic and social rights, both as regards to the right to health, education and housing, as well as the system on civil and political rights , the right to body integrity and the right to life.

Enhancement of the human rights’ system:

–          Setting a rational specific action plan for enhancement of the human rights’ system in Egypt after the revolution. The plan should include salaries, pensions, health, education, job opportunities and housing in addition to independence of judiciary and combating corruption.

–          EOHR called on the government to set a specific timetable, mechanisms and an action plan for implementing the UPR recommendations.

–          EOHR called on the government to set a specific timetable, mechanisms and an action plan for implementing the UPR recommendations. The majority of recommendations accepted by the Egyptian government were related to economic and social rights, women and children, and most of the recommendations relating to the emergency law or torture that were accepted by the government were general recommendations that lacked specific mechanisms or action plan for the implementation. The total recommendations made by Human Rights Council reached 165 recommendations as the government agreed to accept 119 recommendations as follows:

–          21 recommendations on women and children, 19 recommendations on economic and social rights, 11 recommendations on spreading and teaching the culture of human rights, 7 recommendations on the revision of the legislative structure to cope with the international covenants on human rights and the withdraw of Egypt’s reservations to other international conventions, and other recommendations on freedom of religion and belief ,freedom of opinion and expression, trafficking in persons , death penalty and rights of persons with disabilities , refugees, torture , terrorism ,emergency and NGOs.

Enhancement of the situation of Egyptians abroad:

– Placing a national strategy for enhancement of the situation of Egyptian laborers and migrants abroad, in cooperation with the Egyptian embassies abroad

– Immediate investigation of the torture incidents

– Calling the Arab countries for reconsidering their labor legislations

– Calling the Arabian Gulf Countries for canceling Kafeel system

– The new Egyptian constitution should mention the right of Egyptians abroad for political participation and voting

– Starting negotiations with the authorities in the Arabian Gulf Countries to allow sending fact finding missions of local and international civil society organizations to follow up the situation of laborers

– Reorganizing the standards of recruiting Egyptian laborers abroad and having agreements signed with the Arabian Gulf Countries

– Reactivation of the role played by the Egyptian labor offices abroad in order to protect the Egyptian citizens’ rights

– Unifying the rules of the companies working on recruiting Egyptians abroad

– Construction of a comprehensive system for taking care of Egyptians abroad

– Establishing of the Egyptian migration fund

– Providing the Egyptian citizens abroad with legal awareness related to their rights and duties and the necessity of registration with the Egyptian consulates abroad

– Establishing a new governmental authority, affiliated to the Ministry of Manpower, to handle the Egyptians’ complaints against sponsors in order to be banned from recruiting Egyptian citizens in the future

– The listed violating sponsors should be banned from recruiting Egyptian manpower for 5 years.

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