In light of the military rule and security control over everything in Egypt, whether by appointments to leadership positions or decisions and laws regulating all the details of Egyptian society, the announcement of the Military Council of Ministers that the new civil work regulations had started since January 12 came in an attempt to deliver a misleading message to the new American administration Led by Joe Biden, and the West’s illusion that there is democracy or the practice of civil work in Egypt, which is something that all activists and human rights defenders in Egypt and various regions of the world understand, which have provided many testimonies about the criminality of the military regime in Egypt.
After its issuance was delayed for more than ten months, the Official Gazette recently published the decision of the prime minister of the coup to issue the executive regulations for the civil labor law, including the start of work with its texts beginning on January 12, and obligating all associations, organizations and companies that practice civil work to reconcile their conditions and complete their registration papers in the Ministry Social solidarity.
The new regulation has provoked mixed reactions, as its articles reproduce the control of the security services over the procedures for registering associations and overseeing their work and activities, and as a net to hunt defenders of human rights and civil work and trap them in the scope of the violation, while Ahmadinejad Al-Burai, head of the United Group for Legal Consulting, considered that The list followed in the footsteps of the law to support charitable work and hinder the civil work below it, stressing that the lesson is not in the articles of the list, but rather in the manner of its implementation, according to his media statements to the media.
According to human rights activists, the list includes new articles that were not included in the law, some of them positive, such as the article on foreign funding, and some of them are not applicable on the ground. The executive regulations included 188 articles, and the first article identified two ways to reconcile the situation. The first concerns the associations and organizations registered at the Ministry of Social Solidarity at the present time, and it must directly submit the required documents to reconcile the situation to the competent authority in the ministry.
As for the other way, it concerns the unrestricted entities that practice civil work (law firms, legal consultations, victim rehabilitation clinics … and others). The regulation did not leave these institutions free to apply to reconcile situations or not, but rather assigned what is known as the “sub-unit” to first notify The company or organization that has to adjust its position before that company or organization submits the required paper for that unit.
In order to implement that mission, the bylaw granted to that “unit”, in Article 5 of it, the authority to address all state agencies to inquire about the entities that are licensed to it and practice civil work, to address the unit in light of the data received by those entities and to demand that it adjust its status as a civil society subject to the private work law, If these entities do not reconcile their conditions, the regulations oblige the government agency issuing the license to cancel it, or the Administrative Judiciary Court to demand its dissolution.
It is expected that, in light of the regulations, the “unit” will demand the General Investment Authority, for example, to identify the law firms or consultancies registered with it that practice civil work, and to implement this matter on the ground, it is assumed that the state authorities, whether the authority or others, are aware of who practices private work and who does not. It is unimaginable.
It is noteworthy that the “unit” was also the subject of criticism as an entity within the Ministry of Social Solidarity, and that unit was entrusted with all the tasks of registering, registering, supervising and monitoring the work of civil institutions. The formation of the “unit” and the bodies to which employees would be delegated and seconded were ambiguous.
Reproduce security control
Nasser Amin, head of the Arab Center for the Independence of the Judiciary and the Legal Profession, considered that this unit is a reproduction of the control of the security services over civil work and the formation of an entity that includes security services within the Ministry of Social Solidarity as was stipulated in the private work law issued in 2017.
The National Labor Law, which was issued in May 2017 and did not enter into force, due to local and international objections to a number of its provisions, including the text to form a national apparatus, called (the National Authority for Organizing the Work of Foreign Non-Governmental Organizations), which includes representatives of the Ministries of Defense, Interior and Intelligence. Public and other security agencies to oversee the activities of local and foreign NGOs and everything related to financing. These objections were followed by Al-Sisi’s request to parliament, in its previous formation, to amend the draft law in November 2018, and to issue the current law in August 2019.
Under the Associations Law, “unity” is responsible for supervising and overseeing associations, federations, local civil institutions, and foreign organizations.
In addition to the lack of clarity in the formation of the unit that will assume all the tasks of supervising civil work, the regulation linked the conditions for the registration of the civil society to the need to complete the papers, and the “unit” is responsible for this procedure, and then it may abuse the pretext of not completing the papers, which is an outright fraud The constitutional text that the establishment of associations is by notification, and confirmation that it is by permission.
In addition, the regulations included vague articles that need to be reviewed, such as Article 29 which prohibits the association from announcing or practicing any activity mentioned in its “statute” before obtaining a license from the concerned authority to issue it, explaining that the regulations itself did not specify whether Certain activities require a license before they can be practiced.
The regulation also included good articles, such as Article 42 related to foreign financing, that article dealt with the contradiction contained in the law, as the regulation permitted the civil society to accept funds, grants or donations from local or foreign bodies and deposit them in its bank account, and inform the unit of receiving these funds Within a month of receiving it, at a time when the law prohibits in Article 15 thereof, the conclusion of an agreement in any form with a foreign party inside or outside the country before the approval of the administrative body, as well as any amendment to it.
Exploiting charitable work in elections
In contrast to the flimsy criticism of the military regime against the Islamic and civil action factions, against which the military turned against them in 2013, by exploiting charitable work for political purposes; Lawyer Ahmadinejad Al-Burai considered in press statements that the philosophy of the executive regulations of the Associations Law, like all laws issued by the country to organize civil work, supports and encourages the work of businessmen who are financially able to practice charitable work in the first place, as the regulation stipulates that each association has a headquarters with a separate entrance, and is strict In the absence of salaries for workers in private work, which hinders the practice of the middle and lower middle class in private work.
On November 26, the Council of Ministers of the Coup announced the approval of the executive regulations of the law regulating private work, days after a security attack targeted 3 leaders of the Egyptian Initiative for Personal Rights, starting from last November 15, which the Ministry of Foreign Affairs justified at the time that the initiative was registered as a company. Other activities in contravention of the provisions of the National Labor Law that its activities are subject to its jurisdiction. ”Despite this, the articles of the regulation were not published until recently.
Faced with these data, it cannot be ignored that the main goal of the new regulation, which is approved by security in the first place, is to have more disguised control by the security services, and to deceive the West that there is a margin of freedom for civil and civil action in Egypt in contravention of reality.
Source: بوابة الحرية والعدالة by fj-p.com.
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