Amnesty International urges Egypt to reverse sweeping law controlling civil society organisations

Authorities in Egypt have been urged to amend the association law used to assert control over human rights organisations and NGOs, Amnesty International said on Monday.

Amnesty said authorities in the North African nation are "imposing undue restrictions and interfering in the work of independent NGOs through the repressive association law," while using other tactics to "bring them under near total state control".

"Whilst the closure of Case 173 last year after 13 years of unfounded criminal investigations of the funding and activities of NGOs appeared to be a potential turning point, the associations law grants the authorities a stranglehold over independent NGOs, undermining their right to freedom of association," the NGO said.

Case 173 refers to an incident in which Cairo accused 43 Egyptian and foreign NGO workers of receiving funds from outside the country in a bid to harm the state and of operating illegally.

Authorities went on to close down several NGOs, charge workers, and impose travel bans and the freezing of assets, but ended up closing the case in 2020.

The case was condemned globally, calling it a means to muzzle civil society organisations in the country.

"Although the lifting of decade-long travel bans and asset freezes against NGO workers was a positive step, the authorities have not only ignored calls to amend the restrictive 2019 associations law but have used it to impose burdensome regulatory requirements on NGOs, while allowing security agencies to subject them to intrusive interference and constant surveillance."

"These intimidation practices suffocate vital NGO work and contribute to a chilling climate of intimidation that erodes people’s capacity to organise and exercise their human rights," said Sara Hashash, Deputy Regional Director for the Middle East and North Africa at Amnesty International.

Amnesty says that Egypt’s Associations and Civil Work Unit (ACWU) of the Ministry of Social Solidarity, which is responsible for registering and overseeing NGOs, imposes a prior authorisation process for registration in breach of international standards and Egypt’s own constitution, which instructs that NGOs should acquire legal personality upon notification.

Through the ACWU, the state can refuse or delay registration of NGOs, dictate limitations on their work, block their funding, interfere in the composition of their boards, and even order the dismissal of their members. This grip is reinforced by unlawful interference from the National Security Agency (NSA), which harasses and intimidates members of NGOs through phone calls, unlawful summons, and coercive questioning.

The law places several obstacles in NGOs’ ways.

Some NGOs said they felt obliged to sign up under Egypt’s 2019 associations law, to gain some protection from security harassment or to stay eligible for funding, despite the restrictive nature of the law, which requires all NGOs to register under its terms, including those that were already registered, or risk dissolution.

International human rights law, however, stipulates that associations should never be forced to register under a specific legal framework or be criminalised for their lack of formal status. States must guarantee the right to freedom of association to registered groups, regardless of the legal framework they choose, as well as to unregistered groups.

The law also places NGOs under the near control of the ACWU, enabling state interference, harassment, and intimidation.

Additionally, NGOs are also faced with financial obstacles, including state-imposed barriers to their right to seek, receive, and use resources, including financial resources, from domestic or international sources.

Even after registering, they cannot open or activate bank accounts without a letter from the ACWU, and in some cases, banks refuse or stall account openings until they receive separate "security" clearances, leading in several documented cases to delays of three to 15 months that hinder organisations’ ability to pay staff, rent, or implement activities.

Egypt, the MENA region’s most populous country, routinely clamps down on freedom of speech and on civil society. Authorities have put in place anti-terrorism and communication surveillance to monitor and stifle dissent.

Arbitrary arrests and detention of activists and journalists are commonplace, while authorities regularly block independent news websites and NGOs.