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Rejecting the Foundation of a New Party
EOHR reiterates its demands regarding the Abolishment of the Committee of the Parties' Affairs
November 20, 2003
The Egyptian Organization for Human Rights (EOHR) is deeply concerned about the decision of the Committee of the Parties' issued on November 18, 2003 rejecting the establishment of the "Social Constitution Party". Such decision was issued invoking the provisions of Law No. 40 of 1977 on political parties.
The founders of the said party submitted the papers of establishing a new party called ""Social Constitution Party" based on Article 5 of the Constitution and the provisions of Law No. 40 of 1977 on political parties.
In this connection, EOHR is of the view that the continuing enforcement of the prevailing Law on parties is a violation of the right to participate in public affairs, the freedom of opinion and expression and the right to peaceful assembly.
Furthermore, EOHR believes that Law No. 40 of 1977 on political parties is a major restriction on the freedom of parties. The parties committee defined in Article 8 renders party plurality in Egypt a mere theory as the affairs of the parties since establishment to dissolution are managed by this committee.
The said committee approves or rejects the establishment of parties.
It is composed of the Speaker of the Shura Consultative Council, Ministers of Justice, Interior and the State for the Affairs of the People's Assembly in addition to three of former heads of judicial bodies who do not have any political inclinations.
The decisions of the committee require the majority of its member including the votes of the three ministers i.e. the presence of the three impartial members is not a must.
The jurisdiction of the committee can be summarized in the following:
1- Freezing the activities of any party.
2- Banning the issuance of any party.
3- Blocking any decision or action by a party that contradicts the requirements of the public interest. (Article 17/3)
4- Depriving any body from affiliating with political parties or practicing any political activity. (Law No. 33 of 1978).
5- The committee is entitled to ask the Supreme Administrative Court to urgently dissolve the party and its assets and to determine the agency that might receive such assets. (Article 17/10
The said committee - due to such authorizations - can by no means be an impartial. Consequently, under such committee political plurality is a theoretical one. The number of parties that submitted their papers to the committee and were rejected, on the pretext that their programs are not innovative, amounted to 61 parties.
The committee had frozen the activities of 7 of 16 ones that were allowed to practice their activities.
EOHR confirms that the right to political participation and establishment of parties is prescribed by the Constitution, Article 5. Such right is absent from the political reality due to the continuation of the enforcement of Law No. 40 of 1977 on political parties. The said law gives the committee of the parties' affairs the right to abort any attempt to establishing new parties or to block already existing ones with the same pretext.
EOHR believes it is high time to work for a comprehensive political and democratic reform. In this regard, EOHR reiterates its demands regarding the freedom of establishing parties under the normal judiciary according to the provisions of the Constitution and eliminating the fetters hampering peaceful public activity. Moreover, it calls for the following:
- Amending Law No. 40 of 1977 on political parties. Such amendment should include the establishment of parties by notification, abolishing the committee of parties' affairs and the parties' court and the reinforcement of the natural judiciary in the State council.
- Provision of guarantees of free and integrated elections so that the coming public elections are performed without any administrative interference. In addition to the provision of an atmosphere that is appropriate for equal competitiveness and particularly, the freedom of opinion and expression.
- Abolishing all forms of merging between the state agencies and the state parties.
As such, guaranteeing the protection of the right of belonging and party activity to all citizens and not being subjected to persecution or discrimination due to party or public activities.
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