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3rd report: Monitoring the course of the House of Representatives elections 2020 in the second phase

November 7th, 2020 by Editor

(Medium participation rate – along with some violations)

The electoral process for the second phase of the House of Representatives elections began on Saturday 7/11/2020 at nine o’clock in the morning. The second phase extends on November 7-8, from nine o’clock in the morning until nine o’clock in the evening. The electoral process for the House of Representatives elections is operating under full judicial supervision.

31 million Egyptian citizens are entitled to cast their electoral vote in the second phase. The National Elections Authority launched the second phase in the 13 governorates: “Cairo, Qalyubia, Dakahlia, Menoufia, Gharbia, Kafr El Sheikh, Sharkia, Damietta , Port Said, Ismailia, Suez, North Sinai, South Sinai. These voters are will vote in 9,468 polling stations to choose 284 deputies in the individual and lists systems. The polling stations are supervised by about 12,000 judges.

In the individual system in the second phase, 2,083 candidates in 70 individual constituencies will compete, while the number of candidates in the list system in the second phase is 284 primary candidates. As for the list system, the Men Agl Masr list will compete with the Independents’ Alliance list over 100 seats in Cairo, South, and Central Delta. In the East Delta, the battle for the 42 seats is primarily between Men Agl Masr and Abnaa Masr lists.

The House of Representatives consists of 284 deputies from the “absolute closed lists”, and 284 independent candidates for a total of 568 elected representatives. The parliament will include 142 women or 25% of the seats. The President of the Republic will appoint 28 deputies, including 7 women or 5% of the parliament. This brings the total number of the House of Representatives to 596.

Preventive and precautionary measures:

The Ministry of Health has dispatched medical teams and ambulances to all electoral headquarters in the second phase governorate committees. This is to work to limit the spread of the Coronavirus (Covid-19).  The state has urged all citizens to adhere to wearing a mask while participating in the second phase elections, as well as adhering to social distancing inside and outside the polling stations.

Electoral Violations:

The organization’s observers detected a set of electoral violations in some of the second phase governorate polling stations, starting from 11:30 in the morning until 3:00 in the morning. These violations are the failure of candidates or their representatives to observe the electoral impartiality issued by the decision of the National Elections Commission, as well as violations of the delay in opening some electoral committees. As for the attendance rate, the polling stations in the second phase witnessed a relatively average attendance rate compared to the participation of citizens in the first round of the House of Representatives elections.

Violations of the election propaganda:

Cairo:

  • The organization detected an election campaign violation in the Zeytoun Valley School polling station in favor of the Al-Shaab Al-Gomhori candidate.
  • The organization detected an electoral propaganda violation, as a number of candidates in the Mostaqbal Watan Party provided cars to transport voters between the various polling station.
  • The organization observed a violation of voter directives and the distribution of electoral bribes in front of polling stations 6 October Elementary School and Al Zahraa Primary School in Ain Shams for the candidate of the Mostaqbal Watan Party.
  • The organization monitored an electoral campaign violation and electoral bribes in front of the polling station of Imam Muhammad Abdo Preparatory School in Ain Shams district in favor of the candidate of the Mostaqbal Watan Party.
  • The organization detected a violation of distributing electoral bribes in Amr Ibn Al-Aas School in the Old Cairo District for the candidate of the Mostaqbal Watan Party.
  • The organization detected a violation of distributing electoral bribes in favor of one of the candidates in front of the 65. 66. 67 committees in Ibn Rushd Preparatory School in Al-Amiriya.

North Sinai:

  • The organization detected an electoral propaganda violation in the city of Al-Arish in favor of the Mostaqbal Watan candidate, as well as the violation of providing mass transport vehicles for voters in favor of the Mostaqbal Watan Party candidate.

Gharbia:

  • The organization observed a violation of the Salah El-Din School polling station in Al-Mahalla, where cars are used to transport voters in favor of the Mostaqbal Watan candidate, some of them carrying number 4193 AMS.
  • The organization detected an electoral campaign violation in front of the polling station in Tanta District.
  • The organization monitored a violation of transporting voters in a car bearing No. 4193 AMS, and directing voters in favor of a candidate for the Mostaqbal Watan Party in front of the Salah al-Din School polling station in the Mahalla district.
  • The organization detected a propaganda violation, hanging banners, and directing voters to polling station at the Teachers ’School in the Awal Mahalla district in favor of the candidate of the Mostaqbal Watan Party.

Kafr El-Sheikh:

  • The organization observed a violation of providing mass transit vehicles for voters and paying electoral bribes for one of the independent candidates.

Damietta:

  • The organization detected a violation of voter directives in favor of the Shaab Gomhori candidate and the Mostaqbal Watan Party in El-Seyala polling station in Damietta.

Daqahlia:

  • The organization detected an election campaign violation in front of the polling station at the Belqas Center Girls’ Secondary School.
  • The organization detected a violation of directing voters in front of the polling station of the preparatory school for boys, and transferring voters in favor of the candidate of the Mostabal Qatan Party in Belqas district.
  • The organization detected an electoral propaganda violation in front of the polling station and a uniform bearing the name of one of the candidates in the secondary and middle school polling station in Belqas Center.
  • The organization monitored a violation of distributing electoral bribes and buying votes in favor of a Mostaqbal Watan nation’s candidate at polling station 89.90. 91 Ayyad School, Belqas Center.
  • The organization detected a violation of transporting voters in a car bearing No. (5386) DADJ, and directing voters in favor of one of the candidates in the Belqas district.
  • The organization detected a violation of providing cars to transport voters and distributing electoral bribes for one of the candidates of the Mostaqbal Watan Party in the polling station of the Al-Azhar Religious Institute in Belqas.

Sharkiya

  • The organization observed a violation of some candidates in the Al Husseiniya Secondary School for Girls polling station directing the voters in favor of an independent candidate and providing cars to transport the voters.
  • The organization observed a violation near the polling station of the Manashat Bechara Elementary School, whereby cars were provided to transport and direct voters in favor of the candidate of the Mostaqbal Watan Party.
  • The organization monitored a violation of voter transfer and orientation in favor of one of the independent candidates before the Al Hussainiya Preparatory School for Girls polling station.
  • The organization detected a violation of the direction and transport of voters in a car in front of the polling station of the New Primary School in Izbat Al-Tal, Al-Hussainiya

Monofiya:

  • The organization monitored a violation of the mobilization of workers in the correctional factories in Shebin El-Kom to vote in favor of the national list and transporting them to the election headquarters via mass transit vehicles.

Other Violations

Dakahlia:

  • The organization monitored fist clashes between representatives of the candidates in the polling stations in the village of Sharqia Al Maasara. As a result, some individuals were injured.

Voter Turn-out:

Damietta:

  • The organization monitored an average turnout inside the Al-Azhar Institute in the Al-Aasar region in Damietta, on the first days of the Parliament elections in Damietta, when some people flocked to the polling stations. Women were in the lead the first hours there.

North Sinai:

  • The organization monitored the gradual increase in the number of voters in front of the parliamentary elections polling stations in North Sinai, with more participation by women and the elderly.

Menoufia:

  • The organization monitored an average presence of voters in front of the gates of the polling stations in Menoufia Governorate.

Qalyubia:

  • The organization monitored a moderate voter turnout before the House of Representatives election polling stations In Qalyubia

Cairo:

  • The organization monitored the influx of voters arriving at the polling station at Al-Nokrashi Secondary School for Boys in the Hadayek al-Kobba district, to cast their votes in the second phase of the elections to the House of Representatives, and young people of both sexes were the most popular in voting.
  • The organization monitored the continued voter turnout for the 15 May district school polling stations, including “Mustafa Kamel Joint, Saad Zaghloul Secondary Girls School, Ali Mubarak, Ahmed Zewail Experimental”, in the afternoon hours. The elderly women and men dominated the electoral scene from the first hours of the start of the second phase of the House of Representatives election round.

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3rd Report: 2nd Day – Monitoring the Parliamentary Elections 2020 in the First Stage

October 25th, 2020 by Editor


(High participation rate in the last hours before the polling stations closed)

The National Elections Authority, headed by Counselor Lashin Ibrahim, Vice President of the Court of Cassation, announced the end of the first phase of Egyptian voting in the 2020 Parliament elections, in preparation for the start of the vote-counting process. The electoral process for the Egyptian Parliament elections has been inaugurated under full judicial supervision, whereby 33 million and 472 thousand Egyptian citizens are entitled to cast their electoral votes in the first phase. The first phase of elections included 71 constituencies in 14 governorates including Giza, Fayoum, Bani Suef, Minya, Assiut, New Valley, Sohag, Qena, Luxor, Aswan, the Red Sea, Alexandria, Beheira, Matrouh. These voters were distributed among 10,240 polling stations to elect 284 members of parliament in the individual and lists systems. Each polling station was supervised by a judge.

Through the organization’s operation room, the Egyptian Organization for Human Rights (EOHR) monitored the first phase of the elections, which took place on the 24th and 25th of October. Over these two days, the EOHR observed several violations of electoral regulations ranging from electoral bribes, to the presence of representatives of candidates at the polling station, to the distribution of vouchers and cartons of food supplies. In addition, there was weak adherence to the precautionary measures set by the National Elections Authority and the Egyptian Ministry of Health to confront the COVID-19 pandemic in front of the polling stations. However, inside the polling stations, supervisors were very strict about these health safety measures. While the first day of voting witnessed average voter turnout, the first half of the second day witnessed a weak turnout that gradually increased towards the afternoon.

The electoral process took place under a precautionary atmosphere. The elections witnessed intense competition between independent candidates with less competition in the list system, wherein the National list competed with the Nidaa Masr list. The EOHR observed a notable presence of candidate supporters from the national list in front of the polling station in the 14 governorates in which the elections were held.

The EOHR observed a number of violations that are documented in this report as well as previous reports. These violations were primarily directed towards influencing voters to vote for a particular candidate. There was also a significant presence of electoral propaganda in clear violation of the regulations set by the National Elections Authority. Some parties distributed cartons of food supplies and cash in support of their candidate. The participation rate varied from one polling station to another.

Inside the polling station, there was strict adherence to COVID-19 precautionary measures, including wearing face masks and social distancing. In addition, supervisors emphasized the need to go behind the curtain while voting.

The next Parliament will consist of 284 members from the “absolute closed lists”, and 284 independent candidates for a total of 568 elected representative. The parliament will include 142 women amounting to 25% of the Parliament. The President of the Republic will also appoint 28 deputies, including 7 women to make up 5 % of the parliament. This will bring the total number of representatives to 596 members.

Electoral Violations on the Second Day of Parliamentary Elections:

The organization’s observers detected a range of electoral irregularities in some polling stations, starting from 3:00 PM till 9:00 PM. These irregularities are represented in the widespread appearance of political money in the electoral arena, the failure of the candidates or their representatives to abide by the electoral silence issued by the decision of the National Elections Authority, and the delay in opening some electoral committees. As for the attendance rate, the electoral commissions witnessed a relatively weak attendance rate compared to yesterday, with a higher turnout of women and elderly citizens.

Propaganda Violations:

Giza Governorate:

  • The EOHR witnessed verbal altercations between supporters of candidates in the vicinity of the Al-Warraq and Auseem committees. Security forces was called to break up the altercation and asked the representatives to move away from the polling station.
  • The EOHR received notice that one of the candidates for the Omrania and Talbeih district submitted a report to the Omrania Police Department detailing what he described as harmful violations to the electoral process.
  • The EOHR observed a skirmish between the representatives of the candidates and some citizens at Alaeddin School, due to the poor distribution of financial bribes, and Al-Tameer Street also witnessed great disagreements and exchanges between the representatives of the same candidate and some voters due to the exchange of words and causing a great disturbance in the street in the Talbiya area.
  • The organization in Al-Umraniyah monitored the distribution of cash and in-kind gifts to the voters in exchange for their vote, as well as the exploitation of some charitable societies and their use in mobilizing citizens benefiting from them and buying their electoral votes.

Aswan Governorate:

  • The organization detected bribes in front of the polling station in “Abtal October”  School, and it was documented by a journalist. And one of the supporters of one of the candidates beat the journalist, and the journalist filed a report and the incident was record, as the incident took place in Al-Jabbana Street, where there is a place in this street for a candidate through which he distributed  Bribes to voters, and when the journalist tried to film the bribes, they beat her.
  • The organization detected directing voters in favor of the Watan Future Party in front of the polling station No. 303 & 304, located in Al-Khayyat Secondary School for Girls in Asyut, in favor of the Watan Future Party.
  • The organization detected unconventional prohibited electoral bribes, as some candidates were distributing hashish and banjo in various polling stations to the voters.

Minya Governorate:

  • The organization observed a quarrel between supporters of the candidates while they were outside the polling station No.191 in the Kafr Mansoura schools, and the security forces interfered.
  • The organization detected a quarrel between the supporters of two candidates in the  Al-Salam Primary School polling station in Shaheen neighborhood, Bandar Al-Minya, and the security forces intervened to break the fight without causing any injuries.

Beheira Governorate:

  • The organization detected the distribution of cards for a candidate in Damanhour.
  • The organization observed the presence of election propaganda and cards for a number of candidates in Damanhour, in front of the polling station of al horreya Square School.

Alexandria Governorate:

  • The organization observed that the Watan Future Party was distributing cartons to the voters and directing them.
  • The organization observed mass transfers in microbuses with a badge for one of the candidates, where dozens of cars took over to transfer women while giving a golden coupon for a big supermarket.
  • The organization detected a gathering of women in front of the polling station of “gabal al zaytoun”, who were angry because the representatives of “Mostakbal watan party” refused to give them a coupon.
  • During the last quarter of the second day of the elections, the organization spotted the payment of vouchers in Al-Ajami, sixth district, in front of one of the electoral headquarters of “Mostakbal watan” candidate.

Assiut Governorate:

  • The organization observed some candidates in front of polling station No. 325 & 324 & 323 located in Moheb Ayoub Preparatory School for Boys in Fallot, where a group of young people wearing a dark blue T-shirt written, they were taking the cards from the voters and directed them to elect specific candidates and promising them to take a coupon after the vote.

Luxor Governorate:

  • The organization detected the existence of electoral bribes for the deir esna and the Deir al salah polling stations in favor of the Future Nation candidate and 3 independent candidates.

Fayoum Governorate:

  • The organization spotted the spread of electoral bribes in some committees.

Adhere to the precautionary measures:

Beni Suef Governorate:

The organization monitored failure to adhere to the precautionary measures and not wearing masks at Bani Hamad Joint Primary School, Committee 24, in Bani Hamad Village, Beni Suef Center.

Turnout rate:

Beni Suef Governorate:

  • The organization observed an average turnout in Bani Hamad Joint Primary School, polling station 24, in Bani Hamad Village.

Giza:

  • The organization observed an increase in the number of voters in the polling stations in the Bulaq Dakrur district.

Aswan Governorate:

  • The organization observed the turnout in the last quarter of the second day, and turnout increased for the 2020 Parliament elections for the first stage.

Alexandria Governorate:

  • The organization observed an increase in voter’s turnout rate in the polling stations of Nabe` al-Fikr secondary schools in Mina Al-Basal, where enrollment is 3300 and attendance is 1100.

Luxor Governorate:

  • The organization observed a remarkable increase in the rate of participation in all the polling stations.

Sohag Governorate:

  • The organization observed a significant increase in the voter’s turnout.

Fayoum Governorate:

  • The organization observed a significant increase in the voter’s turnout.

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The Political and Legislative Environment of the 2020 Parliamentary Elections

October 14th, 2020 by Editor

Introduction

Throughout its extended history, Egypt has provided humanity with the oldest legislative and administrative systems as the oldest civilization in the region. On the banks of the Nile arose the oldest government structure in the written history of mankind. Across the ages, the Egyptian civilizations which followed flourished on the principles of governance and administration.

As elections are considered to be the expression of the nation’s will and one of the main pillars upon which the ruling systems are based, Egypt is about to enter into a new parliamentary elections cycle (Parliament 2020), with the aim of electing 568 deputies. Half of the candidates will be elected individually (284 deputies) and the other half will be elected by the lists system. In addition, 5% (28 members) will be appointed by the President of the Republic, bringing the total up to 596 members of parliament.[1]

As the election of the legislative body and the identification of the electoral system are among the most important decisions for the stability of any democratic system, the choice of the electoral system entails consequences for all the political and economic interactions in the country. Indeed, the Universal Declaration of Human Rights states, “Individuals have the right to participate in managing the affairs of their country, directly or through freely elected representatives.” As the Egyptian constitution and the Egyptian law stipulate a similar commitment, the Egyptian voter will go to the polls to vote in the House of Representatives elections from the 21st October to 23rd of October 2020.

As such, the main debate around electoral patterns often raises an important question around the ability of the adopted electoral system to accommodate the various active political forces in the political system, and about the suitability of this electoral system itself to the conditions and circumstances that the country is going through.

In light of the above, the report of the Egyptian Organization for Human Rights will discuss the political and legislative environment for the House of Representatives elections 2020 under the following main themes:

The first chapter: the right to participate in managing public affairs

The second chapter: the legislative framework governing the electoral process

The third chapter: the electoral system and its theoretical dilemmas

Fourth chapter: Empowering Women and Youth

The fifth chapter: the struggle for the seat and the challenges of forming lists

The first chapter: the right to participate in managing public affairs

The Universal Declaration of Human Rights states in its Article 21 that every person has the right to participate in the conduct of the public affairs of his country, either directly or through freely chosen representatives. As such, the will of the people is the source of autthority of the government, which should be garnered through fair elections that are held periodically with universal and equal suffrage among the electorate through secret balloting or an equivalent procedure that ensures freedom of voting.

The International Covenant on Civil and Political Rights also indicated in Article 3, “The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.”

Likewise, in Article (25), the Covenant sipulates that “Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

(c) To have access, on general terms of equality, to public service in his country.”

The second chapter: the legislative framework governing the electoral process

The Egyptian parliamentary elections 2020 are taking place in a legislative environment characterized by legitimacy and represents the collective will of the nation, and it proceeds as follows:

First, the Egytian Constitution

The Egyptian constitution stipulates in Article (87) of the constitution that citizen participation in public life is a national duty, and every citizen has the right to vote, run for office, and express opinion in referendums. The law regulates the directness of these rights, and exemption from fulfilling this duty may be made in specific cases specified by law. The name of every citizen is in the voter database without his request, whenever the voter eligibility are met, and you are obligated to periodically filter this base in accordance with the law. The state guarantees the integrity, impartiality and integrity of referendums and elections procedures, and it is prohibited to use public money, government interests, public utilities, places of worship, business sector institutions, associations and civil institutions for political or electoral advertising purposes.

The Egyptian constitution refers in its articles organizing the parliament from Article (101) to Article (138). In chapter five of the constitution on the system of government, article 101 of it came to deal with the functions and tasks of the legislative body, which stipulated that “The House of Representatives is entrusted with legislative authority, and with approving the general policy of the state, the general plan of economic and social development and the state budget. It exercises oversight over the actions of the executive authority. All the foregoing takes place as set out by the Constitution.”

Article 102 specifies the number of council seats are not to be less than four hundred and fifty members, who are elected by direct, secret, general suffrage, provided that women are allocated no less than a quarter of the total number. The article also stipulates that a candidate for membership in the Council must be Egyptian, enjoying his civil and political rights, possessing a certificate of completion of at least basic education, and that his age should not be less than twenty five years of age on the day of candidacy.

As for the division of districts and the electoral system, the constitution did not specify a specific percentage or a specific division, but rather an indication that fair representation of the population and governorates should be taken into account, and it is permissible to adopt the individual or existing electoral system or combine any ratio between them. The President of the Republic may also appoint a number of members in the House of Representatives not exceeding 5%. The law defines how they are nominated. All of this is in the manner stated in Article 102 of the Egyptian Constitution.

The National Elections Commission Decision No. 52 of 2020 inviting voters to the House of Representatives elections:

The Supreme Election Commission has set polling dates for the Egyptian House of Representatives elections abroad, which will take place on Wednesday, Thursday, and Friday 21, 22 and 23 October, while they will be held indoors on Saturday and Sunday 24 and 25 next October, provided that the results for the first phase will be announced no later than November 1 2020.

According to the decisions of the National Elections Commission regarding the elections to the House of Representatives 2020, the election process will take place in two phases according to the following dates:

The first stage in the (14) districts of governorates is:

Giza, Fayoum, Beni Suef, Minya, Assiut, New Valley, Sohag, Qena, Luxor, Aswan, Red Sea, Alexandria, Beheira, Matrouh,

The second stage in the departments of (13) governorates is:

Cairo, Qalyubia, Dakahlia, Menoufia, Gharbia, Kafr El Sheikh, Sharkia, Damietta, Port Said, Ismailia, Suez, North Sinai, South Sinai

As for advertising, donations, and the curtailment of political money that play a fundamental role in the background spaces of developing societies, the National Elections Commission decision No. 64 of 2020 – regarding electoral campaigning controls stipulates the following:

  • Every candidate for membership in the House of Representatives, whether by individual system or by lists, has the right to prepare and practice electoral propaganda to address the voters to convince them of his electoral program. This can be accomplished by publishing and distributing election campaign materials, placing posters and banners according to the terms and duration specified by the competent administration authority, and using audio, visual, print and electronic media, and other activities, in complete freedom in all ways permitted by law and within the framework of the controls and rules contained in the Constitution, the law and decisions The National Elections Commission in this regard.
  • It is prohibited to receive any contributions or cash or in-kind support to spend on the candidate’s electoral campaigning from any of: – An Egyptian or foreign legal person, a foreign state or entity, or an international organization, an entity whose capital is contributed by an Egyptian or foreign person or legal person, or any foreign entity whatever Its legal form was a foreign person.
  • The National Elections Commission, in accordance with the Law on the Exercise of Political Rights and its amendments, has determined the cases in which a candidate may be disqualified for the House of Representatives elections, and the procedures for eliminating candidates, whether by the individual or the list system. If a candidate has committed a violation of the controls stipulated in the constitution, the law, or the authority’s decisions regarding electoral campaigning, the president of the commission must submit a request to the Supreme Administrative Court to remove this candidate’s name from the final list to run in the constituency, provided that it includes the facts, evidence and supporting documents that the candidate has committed the violation.

The third chapter: the electoral system and its theoretical dilemmas

The debate over the principle, nature, extent, forms, degrees, and distractions of the election has allowed for the emergence of numerous and contradictory theories and opinions that all fall within the framework of so-called electoral systems. It explains the existence of formulas and procedures that enable the ruled to exercise political power.

In earlier stages of human history, elections were not an ordinary matter because the ruler derived his influence and the legitimacy of his rule from the divine right and from the family. However, the ruling systems in the world have evolved in tandem with the development of the discussion about the just and legitimate basis for those who demand the right to rule and power. From the philosophers of Athens to the philosophers of the European Renaissance, political thought resulted in the role of the constituents in the political role of choosing their rulers. This led to the establishment of a system of checks and balances leading to the establishment of political systems and oversight and legislative bodies governed by the public will, and for which the legislative body always expresses respect for the rights of Man and his individual freedom.

First, the Electoral System: The electoral system works, in its basic concept, by translating the votes cast in elections into the number of seats won by the parties and candidates participating in them. From here it defines technical rules, which are intended to favor the candidates in the election, or as David Farrell notes “the method by which votes are converted into seats in the process of electing politicians to fill certain positions.”[2]

The forms of electoral systems in force in countries have varied. Countries may differentiate from time to time between a system and a system according to their practical and political requirements. Countries may also decide on the way votes will be calculated (the majority, proportional, or mixed pluralism systems), what is the mathematical formula used to calculate the seats allocated to each winner, the composition of the ballot paper, does the voter vote for one candidate or for a party list, and can he express one option or a group of options?

Likewise, the same applies to electoral districts and the administrative aspects of the electoral process, such as the distribution of polling stations, the nomination of candidates, the registration of voters, the administrative apparatus of the electoral process, etc. However, these issues are of great importance as ignoring them undermines the desired benefits of any electoral system.

In the end, it remains that the design of the electoral system is closely related to the political system and the rules for accessing power. Therefore, we find that studying these systems should not be done in isolation from the institutional and political framework for each state, because the same system does not work in the same way in different countries, and each political system has an environment that is affected and influenced by it.

Second: The difference between the absolute and relative list advantages and disadvantages:

  1. The single electoral system:

This electoral system is based on dividing the country into small constituencies, so that each constituency sends one deputy to the representative body. In the single electoral system the voter selects one of the candidates in the electoral process in his constituency. As such the number of electoral districts is large in the single electoral system, as it would match the number of representatives elected throughout the country.[3]

Perhaps one of the advantages of this system is that it leads to the development of communication mechanisms between the candidate and the voter who due to the small size of the constituencies. This facilitates familiarity and knowledge of the person and the candidate’s background. Indeed, it becomes clear that in the single election system there is only one seat and every voter casts only one vote.

The single electoral system helps in the proliferation of electoral districts and facilitates the maintenance of personal contact between the electorate and its voter. Egypt has adopted the single election system from the 1923 constitution until the 1971 constitution.

However, there is no ideal system. Everything has its advantages and disadvantages, and the individual system has several disadvantages, the most important of which are: It is not based on integrated party programs that offer solutions to general political, economic and social problems that occupy the nation and the people, but the choice of individuals may be limited to kinship and relations. In some cases, the electorate is chosen based on ethnic and cultural reasons, which happens in some governorates, particularly in Upper Egypt, South and North Sinai, as well as the New Valley and Matrouh, in which the election is based on tribal and sectarian grounds and not on the basis of electoral programs. In addition, minorities are not allowed to be represented in electoral districts because the majority who vote will overlook the capabilities of the candidates.

In addition, the same candidate may become a prisoner of his electors in the individual system, which leads to the advancement of private interests over the public interest in the country. Moreover, bribery in order to ensure victory in the election is common in the single electoral system. Indeed, because of the spread of this phenomena in previous parliaments, the MPs deliberately caused riots in Parliament, using buzz words in front of the cameras in order to appear before their supporters, often neglecting the public interest.

  1. List electoral system:

The list system is based on the fact that the voter, unlike the previous system referred to, votes on a list that contains a number of candidates who either represent one political party or a group of parties. In this system the electoral districts are relatively large because the list will include a number of candidates for a number of the seats, unlike the individual system, in which one candidate is voted on for one seat.[4]

In the list system, there are a set of questions related to the voter’s right regarding the type of voting, in the sense of whether he has the right to vote on parts of the list and not others? In other words, can the voter affect the composition of the list or the order of the candidates. These problems are of three types from the list, which we refer to very briefly.

  1. Closed list

The closed list is a fixed list and the voter cannot change the order of the candidates, which means that the voter gives his vote to the entire list with all the candidates equally without making any changes to the list.. This leads to a reduction in the voter’s freedom. The essence and truth of the matter is that he does not vote freely and with an independent will, as the electoral process is limited to merely raising the list that has been built and with coordination between political parties unilaterally or collectively, which distorts the entire democratic process.

Some Egyptian parties that intend to enter the parliament elections 2020, including the Egyptian Social Democratic Party, objected to the closed-list election system. They argued that the closed-list election system wastes more than 49 percent of the votes, causes huge constituencies to expand, and needs clear electoral alliances. This reality drives small parties to seek an alliance with other parties for the sake of competitiveness.[5] However, other parties see it as a good system that guarantees the representation of specific groups in parliament that would not have existed in parliament without the closed list, which would have disturbed the social representation in the legislature.

It is also worth noting that the closed list with preference deals with the absolute defect of the closed list, by allowing the voter to indicate their preferences of different candidates on the list.

As such, closed lists constitute half of the seats in the next Parliament in 2020 for which 4 groups represented by dozens of political and ideological parties and sects are competing. There will be 568 main candidates, with the addition of the reserve seats, the total number of seats jumps to 1136. Accordingly, 50% of the parliament is offered through the individual electoral system, with about 4 Thousands and 6 candidates, including 3 thousand and 128 independents at a rate of 68%. 878 of the candidates are representatives of 36 different parties, of which 6 major parties account for 625 candidates representing 71% of the partisans. Each seat on the list and 14 individually, and with an average of 9 contestants for each seat in the council, levels that far exceed the previous parliaments throughout the last half century[6].The most dangerous thing is that 68 parties representing 65% of the square were absent from the scene, and 23 of the participants decreased their individual presence in 253 candidates.

The proportional list:

    The proportional list system is based on the idea that each political party should submit a list of candidates in each of the multi-representative constituencies. Voters vote for the parties, with each political party winning a share of constituency seats proportional to its share of the electorate. Candidates on the party lists will win the election, according to their hierarchical order on the list. A number of issues must be taken into consideration to determine how the proportional list system works, the approved system may require passing a specific threshold in order to obtain representation in the elected legislative body, in some countries a high percentage of up to 10% is set, which results in the exclusion of small parties, while a low percentage of 1.5% may allow them, as is the case in some countries.

National Dialogue:

A number of political parties at the headquarters of the Nation’s future party, before amending the election law, conducted a “national dialogue” concerning the laws organizing the elections. The heads of the parties discussed (Nation’s future party, The Wafd, The Assembly, Reform and Development, Justice, The Egyptian Democracy, Al-Ghad, The Republican People, The Conservatives, The Conference ), Where Wafd party presented its vision for the elections with a percentage of 75% in the closed list and 25% by the individual system, and Justice Party also settled on the proportional list: two-thirds of a list and the third is individual, while the Reform and Development Party proposed that the party has a preliminary agreement that the elections of “senates and representatives” will take place, With the open and not closed proportional list at the level of the Republic. without any individual seats, the competition will shift in favor of businessmen and influential people who are able to decide positions.

Opinions were divided and we can summarize it into two main directions:

An opinion that suggests : an open list proportional system to ensure that 49% of the number of votes are not wasted.

Another opinion that suggest: a closed list system to ensure the representation of the different social groups and segments in the society.

Fourth Theme: Empowering Women and Youth:

Women in Parliament 2020:

In recent decades, there has been a clear increase in the frequency of calls for empowering women and making room for their participation in public life as a primary actor, and on top of these calls is the issue of women’s political participation in Egypt and the opportunities available to them to access all decision-making positions, whether at the state level or in civil society organizations.

Despite the importance role of women, they were not allowed to participate in political life in Egypt until recently and after the efforts done by the women’s movements since 1925, and the first time they were allowed to participate in political life and to run for parliament elections was in 1957, and the rate of women’s participation in Parliament was 6.0% and increased to 5% in 1962[7].

And due to the weak representation of women in the Egyptian parliament, where the percentage of women in the 2005 parliament was only 4 women out of 127 candidates[8], and in conjunction with the global trend calling for the political, economic and social empowerment of women as partners in life and in building states, the Egyptian state tended to allocate what was known as The “quota” to force political parties to push for female candidates on the electoral lists, which was a step forward to enhancing the role of women in political life.

A quota was allocated to women in 1979 by adding 30 seats for women as a minimum. Thus, the representation of women reached 8%. Despite the low percentage, it was a successful experience and women felt the importance of their role. That’s why the percentage of women in the current Egyptian parliament increased to reach 25% after the Egyptian state made a great effort to improve the status of women and to consolidate the principle of equal opportunities and equality, The 2014 constitution was also a push forward, as it included articles that support women in various fields. The percentage of women representation reached from 2% in 2013 to 15% In 2018, and 25% in 2019, according to the constitutional amendments in the same year[9].

The national list that competed in all electoral districts and with the largest number of candidates included wives of the army martyrs, who were killed in terrorist attacks in Egypt during the recent years, such as; Eman Abdel kader, the district of the Cairo, south and central delta, and she is the widow of the martyr Adel Abdel Hamid Eid Hassan, who was martyred in the Bir Lahfan area. Also the list included Rehab abdelghani the wife of the martyr “Ahmed shahata ” who was killed on 25 februrary 2020 in Karam al kawdes, northern sinai.  adding the wives of the armed forces’s martyrs to the national list was widely criticized, an was perceived meaningless in terms of democracy, it was further said that it’s our duty to honor the martyrs  but to place their wives in the legislative bodies that legislates the nation’s laws offendes the electoral process, and emptene it of its meaning.

The Youth:

youth represent the largest segment of Egypt’s population[10], reaching 60% of the total population, and the state strongly relies on them in building the future of the state. The presence of youth in the society increases the capabilities of the society, but it also raises some problems, as when youth make up the largest proportion in society it results in an unstable political situation, driven By their well in changing their societies, as youth is considered the  period in which a person can give himself completely to a political purpose, ideological principle, or desired ideal, in this world or the hereafter… In the absence of political channels, the crisis exacerbates, especially if it is accompanied by high rates of Unemployment[11].

The recent circumstances and conditions in Egypt produced a state of political instability. Youth formed the backbone of this situation, which prompted the Egyptian state to give utmost importance to the issue of empowering youth and placing them in leadership positions within state institutions and society.

 In order to avoid the mistakes of the past, practical steps have emerged in integrating youth into various executive institutions, as the Prime Minister issued Decree No. 1592 of 2014 authorizing ministers to choose their assistants, as well as Resolution No. (93) of 2015 appointing 4 assistants for each minister, in each agency Separately, assistants were appointed for urban planning, urban communities and facilities, and Prime Minister Dr. Mostafa Madbouly was not satisfied with the decision of his assistants only, but also issued a ministerial decree appointing youth engineering assistants to heads of new cities’ agencies for a year, and then many ministries proceeded to appoint youth assistants to ministers[12] .

Likewise, in appointing governors, which included 39 new governors and a deputy governors,  60% of them were youth, 16 of them were appointed as governors and 23 as deputies, and the number of youth came to 25, including two governors, and 23 deputy governors[13].

Not to mention the youth conferences that President Al-Sisi himself attends, as well as the presidential program to train youth and qualify them for leadership positions. President Abdel Fattah El-Sisi launched, on 9/13/2015, the “Presidential Program for Youth Leadership Qualification” with the aim of creating a strong and rich base of youth competencies to be qualified for political and administrative work. This is in addition to the African Youth Forum, the Arab African Youth Forum, and the World Youth Forum. The President also issued Republican Decree No. 434 of 2017 to establish the National Academy for Training and Rehabilitation of Youth, which aims to achieve the goals of human development for youth in all sectors of the state and upgrade their capabilities and skills.

The 2020 Egyptian Parliamentary elections takes place in a context of youth empowerment, as recent amendments in the Law Regulating the Exercise of Political Rights No. 45 of 2014, Parliament Law No. 46 of 2014, and Law No. 198 of 2017 Concerning the National Elections Commission, necessitated that for any list with 100 seats to be considered it has to include the following: nine Christian candidates, six workers and peasants ’candidates, six youth candidates, three persons with disabilities candidates, three Egyptian candidates living abroad, at least 50 women must be among those possessing these characteristics[14].

And the National List for Egypt, which consists of 12 political parties, has allocated 26 seats in the list to be from the “Coordination of Party’s youth leaders and Politicians” (CPYP), In addition to the latter winning 5 seats in the Senate, to increase the total representative representation of the CPYP to 31 seats in Parliament[15], which raises many questions about its nature , as the coordination was established recently, and did not own a headquarter until 2020, and held a lot of seminars and conferences, and despite all of this, the coordination had succeeded in winning 5 seats in the Senate, which raises some questions concerning its legal basis. The coordination actually began with a group of youth who participated in youth forums, and later a group of youth parties joined it, to call themselves the (CPYP). There are also lots of questions about the support they get from various governmental institutions and agencies.

Socialist Youth Organization:

When we think of the (CPYP), the first thing that pops up to our minds is the “Socialist Youth Organization” in (1964), which was a real organization from the base to the summit but affiliated with the Socialist Union, although its formation was almost independent. The organization was back then affiliated with the secretary of the socialist union, Ali Sabri.

The Socialist Youth Organization provided the Egyptian society with a new generation of leaders during the sixties and seventies of the twentieth century. This generation revived vitality in mass organizations, renewed political life, provided the country with a new leadership elite and stood up in response to the policies of 1952 revolution. Some of those leaders are still actively influencing the political life in Egypt[16].

The fifth theme: The struggle for the seat and the challenges of forming lists:

Since the call to the 2020 parliamentary elections, a fierce battle was waged in conjunction with this announcement within the political parties themselves, and between the political parties that wrestled over the number of seats they represented on the closed list.

The Electoral District Law of the House of Representatives stipulates that the republic is divided into 143 electoral districts devoted to the single system elections, and 4 electoral districts devoted to the list system election, in which 4 lists compete, and the National List for Egypt competes in the four constituencies, which includes 12 political parties They are “Nation’s future party, the Wafd Party, the Homeland Protectors Party, the Modern Egypt Party, the Egyptian Democratic Party, the Republican People’s Party, Reform and Development, Al-Tagammu ‘, Will of a Generation, the Egyptian Freedom Party, Al-Adl, and the Conference”, in addition to the CYPY.

This list, for which the “Nation’s future party” is the main core of it, is competing with the biggest share in the distribution of shares within it, which has captured 70% of the seats in the Senate, competing with the list of the Independents Alliance, which It includes some public figures and the New Independents Party. This competition is confined to Cairo, South and Central Delta constituencies. And the National List competes for 100 seats.

Number of parties participating in the electoral process:

More than 36 political parties will participate in the upcoming elections to the House of Representatives, competing in 4 districts at the list level and for 284 seats for the individual.

The National List competes with the “Sons of Egypt” list for 42 seats in the East Delta district. The “National List” also faces the “Call of Egypt” list in the remaining two constituencies, with 42 seats in the West Delta and 100 seats in the Upper Egypt district.

It seems clear to the eye that the national list that competed in all circles, in addition to pushing many candidates for individual seats, which includes in its ranks a group of parties supporting and opposing the current political system, and from which it was not easy to form the list dominated by the Future of the Nation party close to The political power in the country, a matter that sparked a wave of internal disputes between the parties and their share in the list, and within the parties themselves over the criteria for joining and nominating their members on that list.

Number of parties participating in the electoral process:

More than 36 political parties will participate in the upcoming elections to the House of Representatives, competing in 4 districts at the list level and for 284 seats for the individual.

The National List competes with the “Sons of Egypt” list for 42 seats in the East Delta district. The “National List” also faces the “Call of Egypt” list in the remaining two constituencies, with 42 seats in the West Delta and 100 seats in the Upper Egypt district.

It seems very clear that the national list which competes in all circles, and which pushed many candidates for individual seats, and included a number of pro and anti government parties, and thus it was not easy for this list to be dominated by the Nation’s future party, which is considered a pro government part and very close to state elites.  This was a matter that sparked a wave of internal disputes between the parties and their share in the list, and within the parties themselves over the criteria for joining and nominating their members on that list.

The Wafdist crisis was a prominent example that reflects a severe partisan crisis threatening internal cohesion due to the nomination of its members on the national list, as the Wafd Party recently witnessed sharp disagreements between members of the supreme committee of the party and the party president, following Wafad’s share issue in the national list for the House of Representatives elections, this is in addition to the problem of the party president’s daughter himself. Which was among those pushed by the party at the top of the national list.

In the wake of this dispute, the Supreme committee announced, for its part, that the party leader, Counselor, Bahaa Abu Shaqah, is practicing an illegitimate decision that goes against the party rules, and thus he will  be cut off from the party. Furthermore the supreme body announced that the party will withdraw from the national list[17].

The problem with Wafd is that the party knew that it would only be represented by a limited number of candidates, as the Nation’s future party has suggested to included 13 women in the name of Al Wafad, of whom 8 were from the Nation’s future party itself but would run in the elections in the name of Al Wafad, and six men, only two of them are from Al Wafad and four from Nation’s future party[18].

Besides the crisis of Al Wafad’s share in the national list, there is another issue that is more severe, which is the issue of Dr. Amira Abu Shaqqa, the daughter of Counselor Baha Abu Shaqqa, head of the Wafd Party, where he faced accusations of inheritance, courtesies, and upholding private and personal interests ( Abu Shaqqa’s son is the legal advisor to the President of the Republic)  on the interest of the party and the national interest. Where Dr. Amira was on the national list despite her very limited political activity compared to others who were much more qualified than her, among them is “Raef Tamraz”. Furthermore, the names that were added to the list were not discussed in the meetings of the supreme committee[19].

The party and Abu Shaqah issued 30 statements in response to these criticisms within 48 hours from its supporters,representatives among the senators and candidates on the list. It included support to Abu Shaqah in making the decisions he deems appropriate for the party, whether from separating opponents or nominating whom he deems suitable for seats in Parliament.

This crisis is still present, after the Administrative Court rejected the appeal decision, despite the al wafad’s participation on the national list with its candidates[20].

In general, it can be said that these manifestations carry a deviation from the correct democratic path, which could deprive Egypt of the existence of real competition in its parliaments, which is what the Egyptian Organization for Human Rights warns of, to avoid a disruption that may occur as a result of those practices that threaten to empty the Democratic process of its true meanings and contents. Also to avoid the outbreak of what is known as a “legitimacy crisis” for the next parliament, due to the receding of its seats, which leads to a decrease in popular support, which leads to a gap and a vacuum between the elected institutions and the citizens, which may result in protests and cause instability in the Egyptian society.


[1] ipulates the following:The Supreme Elections Authority, Law 46 of the 2014 Egyptian Parliament Elections

[2]  زهرة بن علي” دور النظام الانتخابي في إصلاح النظم السياسية: دراسة مقارنة” رسالة دكتوراه، جامعة أبي بكر، الجزائر 2015،ص 71.

[3] Ibid.

[4]  أندرو رينولدز وأخرين ” أشكال النظم الانتخابية” دليل المؤسسة الدولية للديمقراطية والانتخابات، متاح علي الرابط التالي: https://www.idea.int/

[5]  BBC”انتخابات مجلس النواب” متاح علي الرابط التالي: https://www.bbc.com/arabic/middleeast-54452226

[6] جريدة صوت الأمة ” الأسئلة المسكوت عنها” متاح علي الرابط التالي: http://www.soutalomma.com/Article/943523/%D8%A7%D9%84%D8%A3%D8%B3%D8%A6%D9%84%D8%A9-%D8%A7%D9%84%D9%85%D8%B3%D9%83%D9%88%D8%AA-%D8%B9%D9%86%D9%87%D8%A7-%D8%A8%D8%B4%D8%A3%D9%86-%D8%A7%D9%84%D9%82%D8%A7%D8%A6%D9%85%D8%A9-%D8%A7%D9%84%D9%88%D8%B7%D9%86%D9%8A%D8%A9-%D9%85%D9%86-%D8%A3%D8%AC%D9%84-%D9%85%D8%B5%D8%B1-%D9%87%D9%84

[7] الهيئة العامة للاستعلامات” المرأة في السلطة التشريعية” متاح علي الموقع الإلكتروني للهيئة: https://www.sis.gov.eg/Story/116462/%D8%A7%D9%84%D9%85%D8%B1%D8%A3%D8%A9-%D9%81%D9%8A-%D8%A7%D9%84%D8%B3%D9%84%D8%B7%D8%A9-%D8%A7%D9%84%D8%AA%D8%B4%D8%B1%D9%8A%D8%B9%D9%8A%D8%A9?lang=ar

[8] Ibid

[9] Ibid

[10] ibid

[11]   جمال أبو الحسن”  الديمغرافيا القاتلة في الشرق الأوسط” متاح علي الرابط التالي: https://daqaeq.net/%d8%b9%d9%86-%d8%a7%d9%84%d8%af%d9%8a%d9%85%d9%88%d8%ba%d8%b1%d8%a7%d9%81%d9%8a%d8%a7-%d8%a7%d9%84%d9%82%d8%a7%d8%aa%d9%84%d8%a9-%d9%81%d9%8a-%d8%a7%d9%84%d8%b4%d8%b1%d9%82-%d8%a7%d9%84%d8%a3%d9%88/

[12]   جريدة الأهرام الرسمية بتاريخ 8/3/2015، متاح علي الرابط التالي: http://gate.ahram.org.eg/News/606532.aspx

[13]  قرارات مجلس الوزراء المصري بتاريخ 27/2/2019، متاح علي الرابط التالي: https://cabinet.gov.eg/Arabic/MediaCenter/CabinetNews/Pages/%D9%85%D8%A4%D8%AA%D9%85%D8%B1%D8%B5%D8%AD%D9%81%D9%8A-%D9%84%D8%B1%D8%A6%D9%8A%D8%B3-%D9%85%D8%AC%D9%84%D8%B3-%D8%A7%D9%84%D9%88%D8%B2%D8%B1%D8%A7%D8%A1-%D8%B9%D9%86-%D8%AA%D8%B9%D9%8A%D9%8A%D9%86-%D9%85%D8%AD%D8%A7%D9%81%D8%B8%D9%8A%D9%86-%D9%88%D9%86%D9%88%D8%A7%D8%A8-%D8%AC%D8%AF%D8%AF.aspx

[14]  الهيئة العامة للاستعلامات” المرأة في السلطة التشريعية” متاح علي الموقع الإلكتروني للهيئة: https://www.sis.gov.eg/Story/116462/%D8%A7%D9%84%D9%85%D8%B1%D8%A3%D8%A9-%D9%81%D9%8A-%D8%A7%D9%84%D8%B3%D9%84%D8%B7%D8%A9-%D8%A7%D9%84%D8%AA%D8%B4%D8%B1%D9%8A%D8%B9%D9%8A%D8%A9?lang=ar

[15] تنسيقية شباب الأحزاب والسياسيين، الموقع الرسمي، متاح عل الرابط التالي: https://cpyp.net/?fbclid=IwAR03j70rT4O1gscrrrT-xZUQM1P_8ES6IC0HQogGsifuraUrzyLxd5

MsfWo

[16]   عبد الغفار شاكر” منظمة الشباب الاشتراكي: تجربة مصرية في إعداد القيادات 1963 – 1976″ مركز دراسات الوحدة العربية، بيروت،2005،ص1_10

[17]   جريدة الوطن ” انسحاب الوفد من القائمة” متاح علي الرابط التالي: https://www.elwatannews.com/news/details/4986400

[18]   جريدة العرب “التحالفات الانتخابية وخلافات الوفد” متاح علي الرابط التالي: https://alarab.news/%D8%A7%D9%84%D8%AA%D8%AD%D8%A7%D9%84%D9%81%D8%A7%D8%AA-%D8%A7%D9%84%D8%A7%D9%86%D8%AA%D8%AE%D8%A7%D8%A8%D9%8A%D8%A9-%D8%AA%D9%81%D8%AC%D8%B1-%D8%AE%D9%84%D8%A7%D9%81%D8%A7%D8%AA-%D8%AF%D8%A7%D8%AE%D9%84-%D8%A7%D9%84%D9%88%D9%81%D8%AF-%D8%A3%D9%82%D8%AF%D9%85-%D8%A7%D9%84%D8%A3%D8%AD%D8%B2%D8%A7%D8%A8-%D8%A7%D9%84%D9%85%D8%B5%D8%B1%D9%8A%D8%A9

[19]   جريدة المصري اليوم “أزمة الوفد بوضع ابنة أبو شقة بالقائمة المرشحة لانتخابات النواب” متاح علي الرابط التالي: https://www.almasryalyoum.com/news/details/2032525

[20]   جريدة الرئيس ” غضب الوافدين وابنة أبو شقة” متاح علي الرابط التالي: https://www.alraeesnews.com/69489

Category: Reports | Comments Off on The Political and Legislative Environment of the 2020 Parliamentary Elections

The Egyptian Organization for Human Rights’s Report on the rulings of the Administrative Court concerning the 2020 Parliament elections’s appeals

October 14th, 2020 by Editor


Law No. 46 of 2014 of the House of Representatives deals with the regulation of appeals issued against decisions of the Supreme Elections Committee in Article (16) that: “Anyone who applies to run for elections and whose name is not mentioned in the list prepared for this, may appeal against the committee’s decision stipulated in Article (15) of this. Each candidate also has the right to appeal against the committee’s decision to include the name of any of the candidates, or by providing an incorrect characteristic in front of his name, or the name of other candidates in the list in which his name is listed, “as Article (17) of it has stipulated that: “The appeal against the decision issued by the committee stipulated in Article (15) of this law shall be before the Administrative Court within three days starting from the date on which the lists and the names of the candidates are presented. The court shall decide on the appeal within five days at most.”

The House of Representatives elections will kick off for Egyptians living abroad on Wednesday, Thursday and Friday 21, 22 and 23 October, and will take place inside Egypt on Saturday and Sunday 24 and 25 of the same month, provided that the results for the first phase will be announced no later than November 1, 2020.

   The final list of candidates in the House of Representatives elections included 4,032 individual candidates competing for 50% of the 284 seats, and 8 lists with a list system, two of these lists competing for 100 seats in each of the two constituencies within the 4 constituencies, namely the National List and the Independents While the other two are competing for 42 seats in each of the other two constituencies, namely the National List and the Sons of Egypt.

The Administrative Court received appeals against Parliament elections, from candidates who were excluded from running in the elections, as well as from persons contesting the inclusion of names of some candidates. The number of appeals has reached more than 136.

The Egyptian Organization for Human Rights monitored a set of electoral appeals filed before the Administrative Court. Related to the 2020 Parliament elections. The Supreme Administrative Court ruled a set of rulings regarding the appeals submitted to it. The topics of the cases examined by the court included a candidate challenging the non-acceptance of his candidacy papers by the National Elections Commission, while other cases included an appeal for not including the names of some applicants on the lists of candidates despite their papers being accepted by the committee, and these are the most prominent provisions:

Some judgments issued by the Supreme Administrative Court:

First: Appeal No. 383 of 67, of the Penal law, submitted by / Muhammad Samir Muhammad Ahmad, against the President of the National Elections Commission, and agnist the Head of the Examination Committee, inoder to Appeal against the ruling issued by the Administrative Court in Cairo (First district ) in Case No. (61475) for the year 74, penal law, in a hearing of 10/1/2020.

The reason for the appeal: He applied for candidacy for membership in the House of Representatives 2020 in Cairo governorate for District No. 1, which is based in “Al Gamalia” on

individual seats, and submitted all the required documents, and despite that, the committee excluded his name from the lists of candidates, which led him to Filing his lawsuit.

The Examination committee for nomination’s applications decided not to accept the applicant’s nomination request based on the absence of wife’s signature on the financial disclosure, which indicates that the candidate has violated one of the essential conditions required by the law, which is the obligation to sign a financial disclosure statement from the candidate and his wife, as it was found that he signed Under the husband’s signature box, then he added the wife’s name below his signature.

Reasons for accepting the appeal: The legislator established in the law the determination of financial disclosures, on the designated and prepared form for this, and in which a decision is issued by the Minister of Justice. Required for the integrity of the statement, and that this statement is not intentional in itself; Rather, what is intended is to complete the necessary data for the validity of the declaration and its reliability.

For these reasons: the court has decided to accept the appeal formally, and in the matter to cancel the appealed judgment, and to judge again to cancel the appealed against with the consequent indication in the manner indicated by the reasons and ordered the implementation of the judgment in its draft without announcement.

Second: Appeal No. 236 of 67 Penal law, submitted by Hazem Fathi Al-Sayed Hussein Maree, against the President of the National Elections Authority, and the Chairman of the Committee for monitoring the Electoral Process of the House of Representatives, to the South Cairo First Instance Court – district (17), and against the minister of the Interior. Appeals against the judgment issued by the Administrative Court in Cairo (First district) in Case No. (61465) for the year 74 penal law, in a hearing of 1/10/2020.

The reason for the appeal: he applied to run for the House of Representatives 2020 elections individually, on behalf of the constituency No. 7, located in Al-Basateen, and submitted all the required documents before the committee, but he was surprised by his exclusion from the lists of those admitted to the elections, without legal basis. On the pretext that he did not fulfill the condition of performing military service or being exempt from it. He applied for military service upon completion of his undergraduate studies by obtaining a Bachelor of Science and Education from Ain Shams University, but he was not called to perform his military service; as the armed forces did not need at this time to accept a new batch and a certificate was issued with the above information, However, the committee disregarded this testimony and did not consider it, and issued its contested decision.

Reasons for accepting the appeal: The legislator aimed to stipulate the performance of compulsory military service or exemption from it while running for membership in the House of Representatives to ascertain the sincerity of the candidate’s affiliation and loyalty to his country, and that whoever evaded them would not be eligible to represent the nation in its parliament and the interests of citizens.

It was found that the candidate had proven that he had performed military service by placing him on demand for 3 years, and after 3 years had passed since he was granted this certificate, a certificate from the Ministry of Defense was issued to him on 7/15/2003 regarding his recruiting treatment that he had not been called by the military.   and therefore it is not permissible to recruit the contestant except In case of war or mobilization. Accordingly, the testimony is counted by determining the position that he was not called upon to perform the military service sufficient in itself to determine his final position, which was confirmed by his reaching the age of thirty and obtaining the final exemption certificate, thus he would have fulfilled the condition of performing military service.

For these reasons: the court ruled to accept the appeal formally, and cancel the appealed ruling, and ruled again to cancel the contested decision regarding the exclusion of  the name of the appellant from the lists of accepted candidates, and it ordered the implementation of the judgment with its draft without announcement, and obliged the administrative body to pay for the expenses of the two levels of litigation.

_______________________________________________________

Third: Appeal No. 249 of 67 Penal law, established by Osama Abdullah Saleh, against the  President of the National Elections Authority, and against the Chairman of the Committee to Examine Candidates for Candidacy in Parliament Elections; Appeals against the ruling issued by the Administrative Court (First district) in Case No. (61473) for the year 74 BC, at a hearing of 10/1/2020.

The reason for the appeal: He submitted his candidacy papers for the House of Representatives elections for the seventh district in Giza governorate, and he had completed all the required papers, but he was surprised by his exclusion from the lists of candidates admitted to the lists without evidence, and he appealed against this decision.

The court examined the case and issued its contested judgment, and its judiciary was constructed on the basis that it was proven from the papers that he mentioned in the financial disclosure statement submitted by him that he was separated from his wife, and the acknowledgment was based on that without his wife’s signature, and he did not present the divorce papers indicating that , Which is considered a violation to one of the essential conditions required by law, which is that the declaration must be signed by the candidate and his wife, and that it must be submitted within the period of  acceptance of the candidacy applications.

Reasons for accepting the appeal: The legislator excluded those who were not married from signing the financial disclosure declaration, otherwise there can not be any exclusions. In his case, The financial disclosure statement was made free of the wife’s data because he was separated from her, and he did not present the divorce papers that proved this. However, there were other papers that can be used as a proof of his divorce. In addition to that, the appellant was divorced from his wife on 12/13/2019 and that he submitted his candidacy application on 9/26/2020, accompanied by the required documents according to the law, including the financial disclosure statement, and he mentioned in the wife’s signature box in the declaration that he is divorced, He also mentioned in his CV form that he is single and all of the above was under the sight of the committee receiving candidacy applications, Furthermore, he submitted a copy of the divorce papers, and thus the financial disclosure for him shall fulfill all the legal conditions required according to the provisions of the law.

For these reasons: the court ruled to accept the appeal in form and to cancel the appealed judgment, and to judge again to cancel the appealed decision issued by the committee to examine and decide on candidacy applications in the South Giza Court of First Instance, and to re-add the name of the contestant to the lists of candidates.

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Fourth: Appeal No. 256 of 67 penal law, established by Medhat Awad Mustafa Al-Sharif, against the President of the National Elections Authority, and the Head of the Committee for Examining Candidacy Applications; Appeals against the judgment issued by the Administrative Court (First district) in Case No. (61540) for the year 74 penal law, at a hearing of 1/10/2020.

The reason for the appeal: The candidate was surprised that his name was not included in the list prepared for the 2020 House of Representatives elections for the individual and independent constituency (6) based in Nasr City and Heliopolis, because he was working as an officer in the armed forces and that his candidacy file was not approval by the Supreme Council of the Armed Forces, and that the candidate admitted So.

Reasons for accepting the appeal: that the appellant has submitted to the committee a certificate stating that he was a former officer in the armed forces, and the approval of the application submitted by him to run for elections as established by the official certificate issued on 3/9/2020 from the Department of Officers Affairs in the Armed Forces, thus, he fulfilled this condition, and thus the armed forces did agreed to his candidacy for the elections before submitting his application, and so, the contested decision to exclude him from candidacy is not based on a justified cause.

For these reasons: the court ruled to accept the appeal in form and to cancel the appealed judgment, and to judge again to cancel the decision of the nomination applications examination committee concerning the exclusion of his name from the list prepared for the House of Representatives 2020 elections of the (6) independent and individual constituency located in Nasr City and Heliopolis, and to cancel the contested decision And the consequent effects of that, and obligated the administration court to pay all the expenses of litigation, and ordered the implementation of the judgment and its draft.

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Fifth: Appeal No. 512 for the year 67 in the Penal Code. This appeal was made on behalf of Hisham Ahmed Mustafa Abdel Akher, against the President of the National Elections Authority in his capacity, and the Head of the Giza Governorate General Committee (Chairman of the Candidacy Examination Committee) in his capacity. The appeal is against the judgment issued by the Administrative Court – First Circuit – in Case No. (61548) for the year 74 in the Penal Code, in a hearing on 10/10/2020.

The reason for the appeal: He submitted his candidacy papers for the House of Representatives elections for the seventh district in the Giza governorate and had completed all the required papers. However, when announcing the lists of accepted candidates he was excluded from it on a document, on the grounds that he had not presented his divorce document from Mrs. Awatif Ibrahim Ali. However, the claimant’s financial disclosure was received, devoid of any data on the wife.

Reasons for accepting the appeal: In terms of the aforementioned papers, it has been proven that the appellant divorced his wife on 10/24/2018 and that he submitted a request for his candidacy for elections to the examination committee on 9/26/2020 and mentioned in the wife’s signature box that he is divorced. The appellant also mentioned in his resume that he is single and in his national identification card, there was no listed marital status. As such, the legislator has specified that the financial disclosure declaration should be signed by the candidate and his wife. However, in the case that the applicant is unmarried or divorced, the requirement for the wife’s signature would be impossible as he has no wife.

For these reasons: The court ruled to accept the appeal formally. Moreover, in the matter regarding the cancellation of the appealed ruling, the judge will reexamine the contested decision issued by the Committee for Examining Candidacy Applications and deciding on them in the South Giza Court of First Instance with regard to the exclusion of the appellant’s name from the lists of candidates accepted for the House of Representatives elections for the year 2020 in the seventh district of the Giza governorate.

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Sixth: Appeal No. 457 of the year 67 in the Penal Code, instituted by Muhammad Hamid Muhammad Abdo, against the Chairman of the National Elections Authority in his capacity, the Chairman of the Committee supervising elections in Minya in his capacity, the Minister of Justice in his capacity, and the  Minister of Interior in his capacity And Mr. Alaa Mohamed Hassanein Mohamed; Appeals against the judgment issued by the Administrative Court in Minya in Case No. (14912) for the year 10 of the Penal Code, in a hearing on 1/10/2020.

The reason for the appeal: He submitted a request to run for the House of Representatives 2020 elections for the Deir Mawas constituency in Minya Governorate and attached the required documents to his request, and obtained No. 29. However, he was surprised to find the candidacy of Alaa Muhammad Hassanein was accepted under No. 4, despite the issuance of many criminal judgments against him, as well as many misdemeanors.  These judgments lose him the condition of having a good reputation as a condition for accepting his candidacy papers. As the defendant is notorious for his bad reputation, this led the appellant to file his lawsuit.

Reasons for accepting the appeal: Since the judgments issued to imprison the respondent against him are the fifth, and they are multiple and repeated, it clearly foretells that the fifth respondent dared to violate the law and failed to obey its provisions. As such the inclusion of the respondent in the lists of candidates accepted for the 2020 House of Representatives elections from the Deir Mawas Center district in Minya Governorate is null and void, as he had violated the rule of law, which provides for the seriousness of the request to stop its implementation.

For these reasons: the court ruled to accept the appeal formally, to cancel the appealed ruling, and to suspend the implementation of the contested decision. Most notably the exclusion of the name of the respondent, the fifth from the lists of candidates for the elections in Minya governorate, from the district of Dermawas, as indicated previously.

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Seventh: Appeal No. 266 for the year 67 in the Penal Code, presented by Muhammad Sami Muhammad Muhammad Suleiman, against Mr. Sami Rifat Mr. Abdel Aziz, the President of the National Elections Authority in his capacity, and the President of Damietta Court of First Instance in his capacity.

The reason for the appeal: The contested person, Sami Rifaat ElSayed Abdel Aziz, who is a candidate in the same district, had filed his lawsuit against Mr. Muhammad Sami, because he is a candidate for the House of Representatives elections 2020 on the individual system, the symbol of the cup, in the first constituency, located in Damietta. Mr. Abdel Aziz drafted an appeal against the defendant Muhammad Sami Muhammad Muhammad Suleiman – No.1, the missile symbol; Because he was previously a member of Nation’s Future party, after which he joined the Republican People’s Party, and he has not yet resigned from the Nation’s Future Party, in contravention of the political parties law. This prompted the appellant to file his lawsuit, with his previous requests, and that the candidate had submitted the financial disclosure and his wife did not sign it, when he signed his wife’s name in his name.

The reasons for accepting the appeal: It was proven from the papers that the appellant / Muhammad Sami Muhammad submitted his candidacy papers for the elections from the first constituency, which is located in Damietta, to the examination committee, and it was decided in the Damietta Court of First Instance, during the period determined by the President of the National Elections Authority No. The schedule issued on 9/10/2020, and among those papers was his and his wife’s financial disclosure statement, signed by the appellant Muhammad Sami Muhammad and his wife Mrs. Suzan Ezzat, then the aforementioned declaration would have fulfilled all its legal elements.

For these reasons: the court ruled to accept the appeal formally, and in the matter to cancel the appealed ruling, and to reexamine the case, and ordered the implementation of the judgment in its draft without notice, and obligated the first respondent to pay the expenses.

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Eighth: appeal No. 1 and 26 of the year 67 in the penal code. The first appeal is by Ahmed Zuhair Ahmed Abdul-Ghani Foley, against the President of the National Elections Authority in his capacity, and Mr. Shaheen Shakir Othman Kilani. The second appeal is from the President of the National Elections Authority Against Mr. Shaheen Shaker Othman Kilani; Appeals against the judgment issued by the Administrative Judiciary Court (First Circuit) in Assiut, in Case No. (17301) for the year 31 in the penal code, at a hearing on 9/29/2020.

The Appeal’s court decision: the court decided to accept the appeal of the decision to remove the plaintiff’s name from the list of accepted candidates to the House of Representatives for the year 2020 for the second constituency in Assiut governorate as an independent candidate and his electoral symbol is “the house”. Consequentially the inclusion of his name as a candidate for individual seats as a candidate for the National Future Party, and its electoral symbol is “the chandelier”, and the administrative body was obliged to pay the expenses.

Reasons for accepting the appeal: It is proven from the papers that the respondent submitted a request to run for the individual seat elections for the second district in Assiut, as a member of the Future Nation Party. He attached to his request a certificate indicating the party’s approval of his candidacy, but it was issued on 6/26/2020. However,  the aforementioned party notified the committee the applicant’s membership in the party expired, so the committee issued its decision to change his status from a party-candidate to an independent candidate.

For these reasons: the court ruled first: not to appeal No. “1” for the year 67 in the penal code and obligated the appellant to pay the expenses, and second: to accept the appeal No. “26” for the year 67 in the penal code in a higher form, to cancel the appealed ruling, and to reject the case, and the appellant obligated the expenses at the level of Litigation and ordered the implementation of the ruling draft without announcement.

In sum, it can be said that the submitted appeals ranged from a mistake in the integrity of the procedures to incomplete candidacy papers. Examples of some of these mistakes include the financial disclosure and the signature of the wife on it and changes in the electoral status of the candidates, as well as the mandates of the Military Council of former officers of the armed forces, who intend to run for the (2020) parliament elections.

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International day of the Girl

October 12th, 2020 by Editor


Due to various reasons, girls all over the world face a number of problems that negatively contribute to limiting their rights and freedoms, including false cultural heritages that give preference to males over females, and external factors that prevent females from accessing their basic rights, such as the right to Education, health, work, etc. In addition to some societal misconceptions that limit their freedoms and rights.

From this standpoint, the world celebrates the International Day of the Girl every year on 11th of October, to shed light on the problems facing girls worldwide  and to raise awareness about them. The celebration of the day dates back to December 19, 2011, when the United Nations General Assembly adopted its resolution 66/170 to declare October 11 of each year the International Day of the Girl, In order  to shed the lights on the unique challenges that girls face in everyday life[1].

The importance of International Girls’ Day lies in its contribution to raising awareness of the inequality that girls are exposed to worldwide due to their gender. It also contributes to raising awareness of a number of issues such gender equality, underage marriage, the right to education and health care, and awareness on sexual violence issues. In addition, International Girls’ Day raises awareness about their economic, social and political rights. The day also sheds light on success stories of girls in many fields by publishing stories that contribute to spreading hope among girls and encouraging them to work and cherish themselves.

 Every year, the International Day of the Girl includes a different theme. In the first year the topic was about “eliminating child marriage,” the second year was about “innovation for girls’ education, ”and the third was about“ empowering teenage girls to end the cycle of violence ”and the year after was on “teenage girl power,” and for this year, International Girls ’Day will focus on their demands for[2]:

  • Living in an environment free from gender-based violence, harmful practices, HIV and AIDS
  • Acquiring  new skills towards the future of their choice
  • Leading a generation of activists to accelerate social change

Girls in Egypt face a number of problems that directly threaten their rights and freedom and reinforce the gender inequality gap, the most important of which are: issues of physical violence such as sexual harassment, and female genital mutilation, and the issue of child marriage. In this report, we shed light on the most important data and statistics regarding these issues in Egypt.

“Nada, a 14-year-old girl living in Assiut governorate, was forced by her father to undergo a female gential mutilation surgery in the clinic of a gynecologist, which resulted in her death after suffering from a nervous shock while undergoing the surgery[3]

This was one of the most important stories that recently occupied public opinion in Egypt, which shocked the Egyptian society and forced them to reconsider the extent of the spread of the phenomenon of female gential mutilation. According to a study conducted by the United Nations’ UNICEF, statistical data shows that Egypt is among the top five Arab countries in practice this habit. 87% of girls aged 15-49 have been subjected to FGM in Egypt, with 93% of cases happening in rural areas and 77% in urban settings. Statistics also indicate that this practice is spread in the governorates of Upper Egypt by a percentages that reaches 90%, and this percentage decreases in the governorates of Lower Egypt and the coastal governorates to reach 15%, indicating that Qalyubia governorate is the highest in the governorates of Lower Egypt by 68%, and in Cairo the percentage reaches to 35%[4].

UNICEF attributed this phenomena to the social and culture heritage in Egypt that link female genital mutilation to concepts like, purity and preparation for marriage, noting that there are differents in the rate of the phenomena over the years, the total prevalence of females that suffered from gential mutilation in Egypt in the year of  2000 reached 97%,  recording a decrease in 2015 to 92%, then it reached 87% in 2016. The prevalence of this practice increased to 91% in 2017, despite the policies that were adopted by the Egyptian government since 2008 of punitive legislation for both doctors and parents who perform female genital mutilation on their girls[5].

Despite the efforts made by the state to limit this phenomenon, there is still a need for more efforts and cooperation between the state and civil society institutions to curb and end this practice in the Egyptain society. For our part, The Egyptian Organization for Human Rights has launched campaigns to combat this phenomena in many Egyptian governorates. The campaigns aimed at raising awareness of girl’s rights and health, and the psychological and physical consequences of gential mutilation on girls. We are still working hard to raise awareness of girls’ rights and work to consolidate human rights principles.

In addition to the practice of female gential mutilation, we find that the phenomenon of sexual violence aganist girls has occupied public opinion in recent time, especially after reporting lots of cases by girls. According to the report of the Central Agency for Mobilization and Statistics, the “results of the survey of the economic cost of social violence against women in Egypt 2015”, it was found that 34% of women who had previously been married had been subjected to physical or sexual violence from their husbands, and it was also mentioned that about 7% of Egyptian women had been subjected to harassment in public transportations, in addition to about 10% Of them had been harassed in the street, during the 12 months preceding the survey[6].

The Egyptian Organization for Human Rights issued a report on the issue of sexual harassment in Egypt, the statement included the  laws and policies that were issued recently to reduce sexual harassment in Egypt, in addation to a discussion on the recent sexual harassment cases in Egypt, the organization also launched a campaign that aimed at raising awareness of the issues of physical violence for women in Egypt.

One of the most important issues faced by girls in Egypt is the issue of child marriage. According to the official statistics of the Central Agency for Mobilization and Statistics, about 117,000 marriages under the age of 18 take place annually without any official papers, which constitute about 40% of the total number of marriages in Egypt. This practice causes many health and psychological problems in addition to losing all civil rights for the wife[7].

Child marriage is rooted in cultural heritage, as many families rush to marry their daughters because they look to marriage as a form of protection for them in society, without taking into account the negative side effects resulting from marriage at a young age. Usually, child marriage in Egypt takes place in two ways, the first in which there is no documentation, and the contract is done orally in front of the couple’s family, or by forging official documents for girls to prove that she has reached the legal age for marriage.

Child marriage reuslts in losing all civil rights that official marriage would grantee, as it negates the rights of the girl and her future children, because there are no official documents to document the marriage process. Thus if any divorce took place, there will be no rights for the wife nor the children. Also marriage at such a young age increases the rates of divorce due to insufficient awareness of the responsibilities and duties. Furthermore, child marriage results in severe psychological and health damage to girls at this age.

The Egyptian Organization for Human Rights calls on all parties to take advantage of the opportunity of the world’s celebration of the International Day of the Girl to work to consolidate the principle of gender equality and raise awareness of the problems facing girls in Egypt, and to work to create an environment that respects human rights.


[1] United nation, International Day of the Girl Child, available at:  https://www.un.org/en/observances/girl-child-day

[2] United nation, International Day of the Girl Child, available at:  https://www.un.org/en/observances/girl-child-day

[3] “بعد وفاة طفلة في مصر متأثرة به.. ما هو الختان وما حجم الظاهرة”, سي ان ان عربية

https://arabic.cnn.com/middle-east/article/2020/01/31/egypt-child-death-genital-mutilation

[4]  ختان الإناث… ينتشر بنسبة 91% في مصر

 

https://elaph.com/Web/News/2020/02/1280460

[5]  https://elaph.com/Web/News/2020/02/1280460

[6] مسح التكلفة الإقتصادية للعنف القائم على النوع الإجتماعي مصر, صندوق الامم المتحدة للسكان, 2015. https://egypt.unfpa.org/sites/default/files/pub-pdf

[7] ألف حالة زواج اطفال في مصر: كيف حدث ذلك.  https://www.alarabiya.net/ar/arab-and-world/egypt/

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The Egyptian Organization for Human Rights The EOHR’s report on Demonstrations and Protests in Egypt Amidst a Desire for Stability and the Problem of External Interference

September 28th, 2020 by Editor

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The Egyptian Organization for Human Rights The EOHR’s report on Demonstrations and Protests in Egypt Amidst a Desire for Stability and the Problem of External Interference

September 28th, 2020 by Editor

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The Egyptian Organization for Human Rights The EOHR’s report on Demonstrations and Protests in Egypt Amidst a Desire for Stability and the Problem of External Interference

September 28th, 2020 by Editor

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First weekly report on the monitoring of the media coverage of the presidential elections in Egypt

May 19th, 2014 by Editor

First weekly report on the monitoring of the media coverage of the presidential elections in Egypt

From May 6th until May 13th 2014 Read the rest of this entry »

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Introduction

June 26th, 2013 by Editor

Introduction

Torture is one of the main violations of the basic human rights. Torture contributes basically to wasting the life of the victim, as well as causing a lot of psychological and social damages, which undermine his/her dignity with long lasting effects. Moreover, torture does not only affect the person directly tortured, most of the time, the effect spreads to affect the whole family of the victim. It represents an outrageous attack against the human right of body integrity. Read the rest of this entry »

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