Democracy Status Watch (EACPE Watch)

The Quarterly Report of (EACPE Watch) Activities

The aim of the Democracy Status Watch is to measure the level of the democracy development in Egypt through monitoring elections and observing the activities, roles and behavior of all parties
 

The Democracy Status Watch activities started by monitoring the presidential elections in 2005 and the three stages of the parliamentary elections in 2005. Two studies were issued in books on both elections.

The EACPE Watch had monitored and issued reports on the political parties (AL / Wafd 2006 – AL / Ghad 2007) elections, the Democratic Engineers’ movements to hold their legal General Assembly to reveal the custody upon their union, as well as the election of the Chambers of Commerce. The EACPE Watch directed its efforts to observe the behavior of all parties in the elections (candidates and voters), and how such elections were influenced by outdoors parties, such as the security authorities, the executive authority and the legal environment in which such election were held. It watched the ratio of the female/male, and Christians/Moslems participants and their roles and status through these elections. It studies the obstacles and barriers that face the civil society organizations to watch, observe and supervise all elected bodies.

The EAPCE Watch had issued many reports about the general freedom assaults as arresting reporters and journalists, judging some members of the Peoples’ Assembly, Karim Amer’s case, the assault upon the Minister of Culture Farouk Hosney, concerning the veil issue.

 List of the elections monitored by EACPE Watch during the period

       :I.Labors trade Unions elections 

The (EACPE Watch) started its activities this year by monitoring the labors trade unions elections among the three union levels starting from the lowest to highest committee in the general unions and the general Egyptian workers federation.

Five reports were listed by the (EACPE Watch), and a one whole report 

The labors elections went on with a new different political climate due to the latest political movements happened in the Egyptian society after the first presidential elections as well as the parliamentary elections, which lead to many arguments and the spread of the change movements in the Egyptian society which all had their influence on such elections

 A huge interference by the Ministry of Manpower had appeared in such elections. As example, The Ministry had decided the election date by its own. It directed the general Egyptian Workers Federation to approve the member’s certificates (ID) to the candidates however; the administrative tribunal had cancelled such condition before. Some of the main workers leaders were cancelled from the candidates list (30,000 workers leaders) in which 330 from the Muslim Brotherhood and 50 from other different Political Parties

The elections took place among 3.7 million workers in Egypt. Such are members in the official union organization but on files only. Such as members were influenced to join the union organization specially the drivers of the mean of transportations, Companies and the work sector labors. This mean that the elections took place in the absence of a great sector of workers such as the private workers sectors and the new industrial zones which includes one million worker and in the absence, and lack of any union security for both the work power and employments

The great support for the ruling Party (DNP) by the executive authority during the opening period for the candidacies till the elections. They made a huge stress to form a general union and a general federation through outset uncontested

The (EACPE Watch) listed a series of irregularities that occurred as law number 35 to year 1976, which opposes the union liberty, as well as the union freedom agreement in 1978

    :II.The Political parties

1St:  The General Assembly for AL Ghad party to elect the chief party and to discuss the political report and the budget. The (EACPE Watch) issued a report in which the elections took place among four candidates. The members of the party facilitate the work of (EACPE Watch) starting from the opening date for nomination, Campaigns, Till the Election Day. The elections were very clear and calm. The (EACPE WATCH) issued a detailed report

2nd:  The 5th conference of (Al-Karama) party under establishments, which took place at the National Progressive Unionist Party (RPCR) place. The conference was held among its members to vote for re-applying the party’s files to the parties affairs committee after refusing it before and the court acceptance of the parties’ affairs decisions

(EACPE Watch) had issued a report for this conference

3rd: The 4th conference of (AL-Nasry party) which held on 23/12/2006 and re-held on 15/3/2007 the central committee meeting of the party on 7/4/2007. A great arguments and struggles had appeared between the two sides of the party

(EACPE Watch) had issued clear and complete report, about the conference, however the leaders of the party were refusing the monitoring by the watch

The following notes were listed by the (EACPE Watch) concerning the political parties General Assemblies 

Law number 40 to year 1977 and its amendments were allocated to regulate the Political Parties work, Such laws were legislated to disestablish such parties; it permits the committee of the parties affairs as an administrative sector giving it rights to rule and interferes through the party work. The law didn’t show any rules to overcome the struggles inside the parties after establishing them and didn’t reveal the legal bodies they can address

The (EACPE Watch) assured that it’s important to reform legislations in order to permit the establishing of such parties by announcing and supporting the General Assemblies power

 The (EACPE Watch) observed that if there are justice rules permitting the establishment of such parties no interior disputes would happen to struggle to have a license to form a party

The lack of democracy inside the Egyptian Parties that they depend on establishers or (founders) of the parties who have unique power among them. They made up the regulation work rules to dominate their power. Such political climate is due to the obstacles of establishing any party in Egypt

The complete interference of the governmental security and administrative authorities inside the Parties work to make it unstable and dominate its power as well as preventing communication with citizens

The minimal degree of the democracy culture and enhancement among people which appears in blows of overruling disputes inside the Political Parties in Egypt, as well as the struggles for personal reasons to gain position and money. The way in choosing the members of the General Assemblies are for personal reasons and affairs and not for political reasons

:III.Constitutional amendments

(EACPE Watch) followed the discussion about the constitutional amendments since the declarations of Mr. President on 26/12/2007 concerning such amendments, the discussion held on both Shura council, And the Peoples’ Assembly, as well as the final discussion for amendments in both Shura and Peoples’ council, (EACPE Watch) observed the work of the legislated association in announcing such amendments and how such amendments will effect the democratic climate in Egypt, also the position of the political situation and rights of the voters from such amendments

(EACPE watch) observations during this period are 

1st: The permanent Egyptian constitution issued in 1971 is unacceptable anymore, so it should be changed to get along with other constitutes which aim to protect the individual rights from the rigidity of the governmental power. Many of its subjects are un-identical to the international conventions especially subject number 2

The Egyptian legislator had opposed the articles of chapter three while organizing the public liberties by keeping the opposed laws which had been stated before stating the constitution, for example: the right of nonviolence gathering, strikes and demonstrations

He stated legislated rules opposing the international conventions concerning the establishment of non-violence civil organizations

2nd: The written contract constitute between the president and the citizens should be logically handled between both sides in issuing it, However, Since 1952 all the constitutions in Egypt are ruled by the executive authority which is the President, he is the only one who decides and issues the Egyptian constitution. In 1971 the amendments are given to people by the president as a gift honored by him to them, they don’t have any right to express their points of view or their needs to amend it 

3rd: The general climate, in which the amendments had taken place, was very bad. The Egyptian community lacks the general liberty which leads to deprived minds and lack to the expression of  their points of view due to the presence of the emergency law, as well as legislated freedom restriction. The security authorities rule the general life. It imposed custody upon the vocational syndicates; the workers trade unions and student’s election were full of complete interference from the security and administrative authorities. The oppositions including parliamentarian were submitted to injustice trials. This means that the executive authority had evacuated the social and political life from its main aim. This leads to the absence of the non-violence associations to express their opinions from such amendments, so No Unions, No Parties, No Federations, and No conjunctions

4th:  The way in which such amendments were discussed among Shura and peoples’ Assemblies representatives had proved that they’re under the power of the executive authority; they lack the ability to handle any monitorial or legislating roles to face such authority. Those legislated associations had agreed to watch the president declare such amendments without changing a single word

:IV: The Constitutional Amendments referendum 

(EACPE Watch) practiced fieldwork monitoring among ten governorates with various geographical aspects, taking in consideration large governorate, Coast, Agriculture, Industrial governorates, as well as North and South Upper Egypt. A training workshop, which included 50 observers, was held to watch the referendum held on Monday 26/3/2006 to poll on amending 34 article of the constitution, (EACPE Watch) issued a report concerning the election’s progress. It included the ratio of voters and the intervention of the security and administrative authorities on the day of referendum from (9:00 am to 12:00 am) and from (2:00 p.m to 8:00 p.m)

 These are the summed up points, which the (EACPE Watch) concluded

The referendum system was dominated by the executive authority starting from stating the referendum date, stating the organizing and administrating procedures in a clear absence of the High Committee supervising the elections, which was formed according to article number 3 reiterated in law 73 of year 2005, Such committee didn’t state any measures or procedures to organize such constitutional referendum expect on the preceding day

The referendum was carried out in the complete absence of judicial supervision, which lead to the re-appearance of the black ballots (forgery of votes), which disappeared during the elections of 2000-2005 under the judicial supervision

The provoking intervention of the security forces among the activists of the change movements, And the opposition power who asked to boycott the referendum, didn’t permit them to demonstrate or to have non-violence gathering, the cities were changed to military barracks on the evening of the referendum day which means that any governmental issuing concerning the political and democratic reformatory is over (one way ticket)

The (NDP) dominated all the administrative governmental system, as well as the Egyptian workers Federation which is pro governmental policies. They gathered all the government's employees as well as workers to vote for them, they made use of money and estate of the country for themselves. The semi and base (NDP) leaders considered the referendum day as an interior party elections for which all the members of the party and the nation employees were proving their loyalty to the chief leaders of the executive authority

The voters’ turnout was very low around 5% after the collective gathering

The voters who were gathered lacked any knowledge about the referendum and what it stands for

During the referendum day the civil society members faced violence. Two observers of the (EACPE Watch) were arrested, while others faced force and violence; however other observers were permitted to do their jobs. Those observers belonged to the National Council for Human Rights (NCHR) which along with other associations was capable of releasing license from the High Committee without declaring any r procedures for attaining such license

:V. Religious Institutions

(EACPE Watch) monitored the Evangelical Denomination held on March 2007; the election was held to choose the Prelate between 2 candidates and Vice-Prelate among 4 candidates. (EACPE Watch) shed its lights on the Evangelical Denomination and how the elections took place, as well as observing the candidacies procedures. The observer met some Priests and discussed their point of views. (EACPE Watch) observed the positive procedures for such election at the Evangelical Church through its organizational levels. The reformatory Denomination won the elections. The elected aimed at register list amendments, which permitted presidential alternation, and renewing the religious speech as well as female membership. In spite that (EACPE Watch) has noted some points concerning the candidacies, still the election deserves to be praised. The watch hopped that the others religious Institutions would act as the Evangelical Denomination in order to renew the Religious Institutions' blood to overcome the obstacles that face the political reformatory due to its rigid formal stands

:VI: The vocational syndicates

(EACPE Watch) observed the Vocational Syndicates in Egypt. It was concerned with the engineers Union, which is under custody, As well as obstructing the elections at the Doctors, Teachers, Agricultures, Social, Commercials and Pharmacist Unions without any legal right, however during the latest years elections took place only at the Journalist and lawyers Unions, for the state worries that it would lose positions and ranks inside the Territorial Federation for such important Unions

On the other hand, the engineers’ Union remains the priority for it is the Union that is held under custody. Nonetheless its members have been trying for more then ten years to release their union from such custody by all means. The engineers used their rights to raise a lawsuit and they received a verdict to hold their general assembly meetings, however the custody forces following the executive authority didn’t respond to that verdict. They held a legal General Assembly meeting where 19000 engineers attended it; and they stated decisions in the presence of the custody representatives, however the custody figures didn’t apply such decisions. The most relevant occasion that the watch had observed was the gathering of the engineers in front of their union to hold their General Assembly legal meetings on Tuesday 13/2/2007

The (EACPE Watch) notes concerning the Vocational Syndicates situation in Egypt   

 Law number 100 of year 1993 is a bury live law for the democracy inside the Vocational Syndicates, It is a shameful law in which the legislator had assaulted the Vocational Syndicates by stating rigid conditions to hold general assemblies to elect the Syndicate board of directors, and to be kept under the judicial supervision which has no right to interfere with the Vocational Syndicates affairs

The illegal way in which the executive state system use the custody rules over the Vocational Syndicates, In the means that the custody rules interferes with the finance directory only without any interventions in the administrating or organizational affairs of the Syndicates. The state has offended the verdicts in the method of applying them in confronting the Islamic current, which dominated the Vocational Syndicates since the late 80’s and the early 90’s

Both sides (State/Islamic current) have offended the Syndicate and thus it has lost its own real role in negotiations to apply the interests of its Vocational people and its developments, which lead to politicizing the Syndicates

The state deprived plurality through the interior organizational laws as the bar law and law 66 of year 1974 for the Engineers Syndicates. It stated harsh conditions to proactive the work; it made it a must to join the Syndicate to practice the job. So the membership had become compulsory and it established an administrative authority to rule and dominate the General Assembly meetings

The government ignored the court verdicts concerning the custody of the engineers Syndicate; and it turned to incompetent courts. This proved that the executive authority uses force and violence to evacuate the non-violence gathering of the engineers when they tried to practice their rights to rule their Union

:VII: The Federations and the Leagues

(EACPE Watch) observed the semi renewing elections of the board directors of the writers Federation held on 30/3/2007 and the one third renewing for the professors board of Cairo University held on 27/4/2007, (EACPE Watch) stated a concerned report. (EACPE Watch) started its work by observing and monitoring the elections of the Chamber of Commerce, which was held in the middle of 2006 as well as the regional union for associations

:The (EACPE Watch) issued these notes

1st: The elections in each League opens the discussion about the legislative evacuation and obstacles that such legislatives had stated in Egypt when giving the right for forming and establishing such non-violence associations. Obviously, we can find that some Federation and Leagues cannot practice their activities except by working under the power of laws that don't suit such activities. The Egyptian laws identify only three legal ways to prove the non-violence associations, which are the Parties, Unions and Civil Organizations. Any civil organization should keep its roles under such laws or to be organized by ministerial decisions. It may work without any legal coverage, however all its roles can face arbitrariness by the authorities, as example: the professors' board Clubs are ruled by the associations' rules, as well as human rights organizations; or else it takes the shape of Civil Companies which are not identified by the general authority. Also the Writers Federation, the Chambers of Commerce and Industry are established by rules and decisions that don't suit their roles 

2nd:  The increase in ratio of participating in such Federation and Leagues and in the interest with the Vocational suits, which concern these Leagues and the success in the independent lists that require reforming of the Leagues affairs. 

:VIII: Social and Sports Clubs

(EACPE Watch) observed the bloody incident of (Al-Zamalek) Sport Club, and the General Assembly of (Al-Masnsoura) Club

:And these are the (EACPE Watch) notes

Law 77 of year 1975 concerning the private institutes for youth and sports allowed the interference of an administrative authority following the executive authority, which is the Sports and Youth bureau to intervene in the work of the Sports Club as well as tighten the power of the General Assemblies of the Sports Clubs. The law permits it to break down its board of directors and to interfere in its agenda as well as canceling and eliminating its candidates 

The elections of the Sports Clubs are witnessed with violent attacks and the candidates as well as the voters share cursing and revilements. The ratios of participating in such elections are high; however it has some positive and negative aspects, a case which needs to be studied

The huge interference of the administrative and security authorities in which three candidates were banned from (Al-Mansoura) elections for political reasons (joining the Muslim brotherhood), As well as the way in which the security authority deals with the members of the general assembly as (Al-Mansoura club). Also they didn’t apply the court verdicts concerning the incidents of (Al-Zamalek and Al_Mansoura) Clubs

They keep on assigning the board of directors for both (Esmailly and Zamalek) Clubs, which apposed the law verdicts, and without any legal statements

:IX: Reports

(EACPE Watch) issued some reports to evaluate the work of the National Council for Human Rights (NCHR), and about how the state managed the Shura council elections, (EACPE Watch) discussed the direct rules for the political rights in addition to the reports observing the violation of the freedom of speech (Kareem Amer, Farouk Hosney, Journalist arrest, the security intervention in Art Fans Association) these reports observed the violation of the freedom of speech and democratic development. It also shows the way in stating and establishing laws in Egypt and how it influenced the work of associations such as the Shura council, peoples’ assembly and National Council for Human Rights (NCHR)

The (EACPE Watch) notes after revealing the most important points of the quarterly annual report

Egypt is suffering from clear irregularities concerning human rights, as well as assaults directed to the public liberty. It suppresses the change movements and suffocates its right in demonstration and non-violence gathering. It cordons the parties and unions and prevents from practicing activities and communicating with citizens. It uses violence to face the peaceful activities for the civil society organizations, as well as the intervention of the executive authority with judicial and legislative powers. The MPs are submitted to court; and also the vicious attack to-words the Internet bloggers and human rights associations. In addition to narrowing the roles of reporters and the way of announcing the Constitutional amendments Also, the way of discussing the judicial legislative organizational power and the law of practicing the political rights, furthermore the (NDP) solitary in dominating its point of view; these incidents influenced the democratic development in Egypt. The way in which the executive authority deals with directing the elections procedures predicts the more declined conditions on the level of human rights and democracy in Egypt

In spite of narrowing the activities of the Egyptian Civil Society by the general authority and the assaults to-wards the public liberty, the political movements that appear in the Egyptian society demanding change and followed by the independent press phenomenon, the Bloggers movements on the internet, the Judicial movements, the active movements inside the Vocational Syndicates and their demands to release the custody  forced upon unions, the workers strikes, Student movements in Universities, All these hadn’t stop which reveals the strength of the dream of the democratic and political reform inside the Egyptian society. There is a great interest from the workers and student, As well as from the Vocational to create better opportunities to express their points of view and their permanent efforts to reform the non-violence associations they are joining as well as reforming the legislations organizing it, in addition to reform the Political Parties. All the elections that were held at the beginning of this year had succeeded in the lists requiring changes, while the lists of the (NDP) and the executive authority have failed except those taking place in the arena of workers and students elections where the executive authority used immense violations to assure the success of the bodies following them and that by eliminating the independent candidates

The struggle between the executive authorities and Muslim brotherhood members that are legally deprived. Since the end of the parliamentary elections, in which, the Muslim brotherhood gathered 88 seats, led the executive authorities to use all its power to face the brotherhood. It used it as an interior and exterior threat to dominate its power over the general Egyptian life, it stated anti-freedom laws, it made Constitutional amendments to manipulate the laws and to cancel any Constitutional Judicial supervisions; it also declares Military courts verdicts to submit Civilian. As well as forming legislative amendments to dominate the legislative associations; that was the war that brought freedom to an end. The Muslim Brotherhood played a great role within such war by using religion to affect the people something that was clear in Farouk Hosnys’ case and Kareem Amers’. The Brotherhood insisted on proceeding in the elections under religious slogan to influence voters and to show its power against the state system, this lead to the negligence of the rights of other parties and of those belonging to other independent parties

There is a great demand for legal reform in Egypt. On one hand, the way the legislations are being issued leads to the domination of the executive authority which is unqualified to state legislatives and this helps the laws to be at the (NDP) side and that was clear during the discussion of the (constitutional amendments, Judicial authority law, practicing political rights). Great defects are clear in the legislative base of the civil society organizations work (Parties-unions-associations) in which, the executive authority obligates administrative authorities following it to interfere in the power of the general assemblies for the civil society organizations and thus it is capable of intervening in the elections procedures of these organizations, for example: (law 100 of year 1993 for Vocational Syndicates, Law 40 of year 1977 that organizes the Political Parties, Law 84 of year 2002, for National Organizations, Law 77 of year 1975 Sports Clubs) leading to the intervention of administrative authorities in the Civil Society Organizations affairs. In addition to the vacuumed legislatives that prevent the non-violence associations that don’t abide to the three legal forms  (Parties-Unions-Associations) and force them to work under the power of forms that don't suit their work for example: (Federations-Leagues and Human Rights Organizations)

In spite that the legislations in Egypt permit the administrative authority to intervene in the civil society organizations work, and limits its General Assemblies work. Still, the administrative intervention in the Civil Society Organizations isn’t limited only in using the legislatives and authorities, but administrative orders Opposes the given laws of the legislatives authority. It opposes the principle of the basic legal ranking in which the legislations and laws proceed the administrative decisions; many examples are listed in that point, we can see ministerial and executive orders opposing stated laws, it over-turned some final court verdicts without any legal consideration like the role the Ministry of Manpower and the Egyptian Workers Federation played during the laborers elections; the custody committees and the Judicial Committee supervising the elections lists at the engineers Syndicate, the Student affairs administration during Sports Clubs

All the elections that were observed by (EACPE Watch) were stuffed with immense Security intervention. The Security authority is the main dominator in ruling the general affairs in Egypt (Political - Social – Economical – Sports). The Security authority intervened in the Students and Laborers Trade Unions. It arrested, offended and suppressed the candidates. It intervened in the Parties’ affairs by cordoning the parties’ locations to threat the members like what happened during (Al-Ghad) elections. It intervened indirectly in the affairs of such Parties through vindicating the interior elections; it used threatening methods during the poll to ban the boycott groups. It banned the observers and offended them not to attend the polling stations. It banned the Engineers from holding their General Assembly meetings at their Syndicate. It cancelled the elections of the sports clubs as it in (Al-Zamalek Sport Club) problems. It treated the members of the General Assembly and the candidates of (Al-Mansuora club) in a humiliating manner

A positive figure appeared in the ratio of participation of the General Assemblies for Parties, sports clubs, Leagues and Federations, in addition to rising number of the candidates at the Student and laborers elections

EACPE

Democracy Status Watch