The Egyptian government, which only last month assured the UNthat it would facilitate civil society activities and the ability of non-governmental organisations to act freely, now appears to be clamping down on NGOs in a big way.

Forty-one local organisations have condemned moves to rush through a new law to regulate NGOs ahead of the parliamentary and presidential elections. The draft law, variously described as "fascist" and "draconian", would "institute unprecedented control over civil society worse than the crackdown that followed the July 1952 revolution which nationalised political, partisan, syndicate and civic action," they say in a statement issued yesterday.

The Mubarak regime, like most Arab governments, seeks to keep a lid on civil society activity and harness it in the service of the regime. Egypt's current restrictions in this area were heavily criticised by Human Rights Watch in a report three years ago.

The latest proposals seem likely to make matters worse, rather than better. "Some articles of the new bill aim to limit the activities of human rights organisations or shut them down completely by criminalising all forms of unregistered civic organisation," the objectors say. 

According to a leaked draft of the bill, all civic activity will be supervised by the semi-governmental General Federation of Civic Associations and regional NGO federations, thus allowing "various arbitrary interventions" by the authorities. 

"Those seeking to establish NGOs under this bill must submit their papers to the appropriate regional federation for approval before being referred to the administrative body, which, after consulting with the security apparatus, can refuse to register the NGO," the statement says. 

"Under the bill, the Ministry [of Social Solidarity] maintains the legal right to prohibit or withdraw the licence from any association, to usurp the prerogatives of the association’s founders, members and its elected boards to establish or change the articles of incorporation, and to determine the administration of its daily affairs and meeting forms. The law also maintains provisions that give the executive authority over NGOs’ collection of donations or their receipt of foreign funds ..."

The bill also prohibits NGOs from adopting legal forms other than associations, such as civil companies (even though Egyptian civil law currently permits this). Currently, registering as companies is one of the devices used by NGOs (in Egypt and other Arab countries) to get round the many restrictions imposed on them if they register as associations. The draft says that the Minister of Social Solidarity will have the right to suspend the activities of any NGOs that do not comply.

Posted by Brian Whitaker, 23 March 2010.