Old habits die hard, and some of the new Arab leaders seem unable to break away from the authoritarian mindset. In Egypt, President Morsi has produced a new draft law "regulating" the activities of NGOs and human rights groups in much the same way that the Mubarak regime used to regulate them.

The draft is now awaiting approval from the Islamist-dominated Shura Council. An earlier draft attracted fierce criticism, both inside and outside Egypt but the new version appears to be only slightly less bad.

On Thursday, forty Egyptian NGOs issued a joint statementattacking the revised draft and accusing the government of laying the foundations for a new police state "by exceeding the Mubarak regime’s mechanisms to suppress civil society". 

"The Muslim Brotherhood (MB) and its political arm, the Freedom and Justice Party (FJP), are currently seeking to curb the right to freedom of association through legal restrictions even more severe than those imposed by the Mubarak regime ...

"Shortly before it was toppled, the Mubarak regime pledged before the UN Human Rights Council to review articles of Law 84/2002 in response to UN recommendations to limit bureaucratic complications and administrative interference in the establishment and operation of NGOs, to reduce restrictions on the right of civic associations – including foreign NGOs – to receive funding, and to guarantee the right of human rights organizations to develop their financial resources. 

"Sadly, however, the MB and the FJP, which controls the Shura Council, seem to be moving in the opposite direction by seeking to restrict civic work even further. 

"The MB and FJP have disregarded criticisms of the FJP’s bill made by UN Special Rapporteurs and the UN High Commissioner for Human Rights, who have all considered the bill and found it to threaten the activities of civil society organizations, rather than allowing these organisations to support the process of building a democratic state in Egypt."

The statement includes a detailed critique of the draft law.

Human Rights Watch says the latest draft includes "some improvements" but still "falls far short" of Egypt’s international human rights obligations. It "would allow the government and its security agencies to arbitrarily restrict the funding and operation of independent groups if it is adopted in its present form".

Sarah Leah Whitson, Middle East director of HRW, said:

"This draft law dashes all hopes that independent groups could operate freely and independently after the revolution. Egypt’s proposed NGO law would allow the government free rein to cut off funding and halt activities of groups that it finds inconvenient. It is hostile to the very notion of independent civil society."

The US State Department has also expressed concern:

"The draft law ... imposes significant government controls and restrictions on the activities and funding of civic groups, which appear contrary to the right of freedom of association enshrined in the International Covenant on Civil and Political Rights, to which Egypt is a party. 

"The United States believes the proposed law is likely to impede Egyptians’ ability to form civic groups that are critical to advancing freedoms, supporting democracy, and acting as appropriate checks on the government. 

"As the Shura Council reviews the draft legislation, we urge further consultations with civil society and revisions to ensure the law respects universal human rights, empowers civil society to play its legitimate role, and responds to the Egyptian people’s aspirations for democracy as guaranteed specifically in Egypt’s new constitution."

The right of people to act collectively – and independently of governments – for the sake of shared interests, purposes and values is one of the building blocks of a free and open society. 
Arab governments have traditionally sought to restrict such activity, though the Arab Spring protests raised hopes that this would change.

Restrictions on civil society, though often scandalous in nature, tend to get less attention from the international media than more dramatic events. For the benefit of readers who are unfamiliar with this issue, I have posted an extract from my book, What's Really Wrong with the Middle East, which explains the background to the problem and why freedom of association is vital if Arabs are to achieve accountable government. 

Posted by Brian Whitaker
Saturday, 1 June 2013