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General principles for amending law No.84 -2002 for assemblies and civil institutions
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1/11/2007
A meeting was held by EOHR on its premises on 31/10/2007 where experts, human rights activists and NGOs' representatives agreed to release the freedom of establishing NGOs and civil organizations through notification instead of getting a previous license from governmental sides; they suppose some general principles for amending NGOs Law 84-2002.
The general principles are the following:
1. Establishing freedom and orienting work:
- the registering of assemblies and civil institutions will be done through informing the administrative side without getting a previous license, assemblies are established just by its members' agreement; assemblies should be established without restrictions.
- The canceled Articles No.54-80 of Civil Law concerning assemblies are the basis on which new law's rules should depend.
- recognizing the free establishment of assemblies and civil institutions without restrictions or conditions since the establishing right is guaranteed by Articles 55-56 of the Egyptian Constitution, avoiding to exclude some identical individuals to join assemblies as a pretext of depriving them to enjoy with civil and political rights.
- Releasing the freedom of assemblies and civil organizations to work in all fields and to economic, social, professional, cultural and general neutral political activities, the new law should include the explanation of political and syndicate activity which is prohibited instead of the executive declaration.
- Canceling the governmental power to monitor the documents and breaking in assemblies' premises without notification.
- Promoting the general assembly and consider it the only power inside the assembly, besides determining its activities and systems levels and executing its decisions which shouldn't be objected from the governmental side.
2. Dismissing assemblies and terminating work:
- dismissing assemblies or stopping their activity is prohibited except for judiciary decisions after making every effort to appeal.
- Taking the principle of proportionality between penalties and dissenting; performing criminal punishments on assemblies civil work or its members is prohibited except for decisions taken by judiciary after having guaranteed the right of defending in a fair and overt court.
- Reforming a settlement committee and performing its mechanisms .
3. The right of financing and developing financial resources:
- civil organizations have the right to receive the necessary financing for their activities under the condition of declaring the source of this financing and its agreement and to guarantee the right to resort to judiciary if the governmental sides objected to the financing source. If the governmental side doesn't respond positively on receiving financing during one month from notification date, financing will be valid.
- Government should guarantee in its law exemptions from taxes and fees and courage donors and granters through making a discount of what they are granting from their base of assessment with an adequate rate; these advantages and tax free doesn't give to the governmental side the right to interfere in assemblies' affairs .
- Assemblies have the right of developing its financial resources including charges and members donations and granting and helps from any normal person or legal personality and performing activities to gain profits which never be distributed to its members.
4. The right of meeting and expression:
- civil organizations have to hold meetings in its premises or at any other outside halls without restrictions imposed in assemblage, general meetings and demonstrations' laws.
- Recognizing the right of civil organizations in releasing periodical reports and magazines without taking a previous permission or restrictions concerning paying any financial insurance.
5. Joining alliances and international networks:
- Recognizing the right of civil organizations of joining alliances and international networks under the condition of informing the governmental side without taking a previous permission.
- Recognizing civil organizations' right in public federation membership for assemblies.
6. Public federation for assemblies:
- Boards of directors are being formed via direct election from its general assemblies which have been formed by members.
7. Foundation :
A clear financial and administration structure.
Handling interior power for two period.
A clear mechanisms for the interior conflict (executive declaration included).
Some of civil assemblies' representatives participated to this meeting such as Cairo Center For Human Rights, Egyptian Association For Community Participation in Enhancement, Center For Trade Union And Workers services and some experts including Dr. Ayman Abdel Wahab, expert in El Ahram Center for Political and Strategic Studies, Ahmed Abdel Hafeez, Lawyer in Supreme Court and Mr.Hafez Abou Seda, Secretary General of the Egyptian Organization For Human Rights.
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