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"Future Parliament"?-Not Yet!
EOHR Report on Parliamentary Elections 2005 Results
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14/12/2005
Introduction:
Parliamentary Elections 2005 has ended up for good and all. Results have revealed serious indicators:
First:
Doubts abound regarding "political" legitimacy of the newly elected parliament: its structure is quite imbalanced owing to next-to-nothing representation of Left, Liberal, and disadvantaged political forces (i.e. women and Copts)-let alone an extremely polarized National Democratic Party (NDP)-Muslim Brotherhood (MB) majority. Such imbalance will only map on parliamentary discussions especially as far as bills are concerned.
Second:
Improper enforcement of Exercise of Political Rights Law (EPRL) 37 (1956), modified by Law 173 (2005), and of Parliamentary Elections High Committee (PEHC) directives regarding funding campaigns where scores of candidates overlooked the 70,000-Egyptian- pound budget ceiling for spending endorsed by PEHC and only spending millions. Moreover, contrary to its competence PEHC did not reveal spending sources of candidates. PEHC did not investigate bullying acts during elections, either. Law enforcement had also no place regarding bribes and influencing voters' wills.
Third:
The very first next parliamentary session would miss twelve members who should have been representing six constituencies now: Desouq, Kafr al-Sheik, al-Qanatir, Adssa, Agaa, and al-Mansheyah in which elections were stalled.
Fourth:
Appeals against election results have not been handled yet. Undecided appeals against results are as high as 484 and are basically about candidate changed status and applications, suspension of results, and collective register. Just for record: Only four appeals have been finalized.
Fifth:
Conditional Proportional Representation List Election System (CPRLES) was not applied to Parliamentary Elections 2005. However, Individual Representation System (IRS) has only shown many downsides such as "easy" violence and bullying acts, bidding religious mottos, and vote buying. Consequently, only the richest-not the most competent--won. On the other hand, CPRLES, if applied, would increase representation of political parties, help deter wining Independents change their political affiliations.
Sixth:
A dire need to reconsider re-modification of Article 76 whose wording states that any political party must get at least a 5% representation at the People's Assembly so it can nominate one of its leading board members in any upcoming presidential elections. Sadly enough, no one single political party-except for NDP-could claim that percentage. Consequently, no political party would be able to nominate its candidate for presidency in any upcoming elections.
In the light of the above, one can say the "Future Parliament" (FP) is not due yet. This can be attributed to: a politically imbalanced parliament, methods pursued to elect members, appeals against results-not to mention violations during election process such as an increasing violence, tampering with electoral registers, influencing voters' decisions using money and power, public funds abuse, and assaults on superintending judges, media representatives, and civil society observers-which has more or less influenced results.
The kind of parliament that partisan and societal forces would really want is one that guarantees a fair representation for all political forces such that no one force is excluded. A real FP would, in fact, include women and Copts and would be one whose MPs are not elected within a law environment restricting freedoms and civil rights such as the case with the most notorious Emergency Law in force since 1958. FP members would be elected properly in accordance with their political reform ideas in such a way as to guarantee fair and free parliamentary elections. Guarantees would include a law regulating monitoring elections by Civil Society Organizations (CSO) and an A-to-Z judiciary superintendence.
Finally, the newly elected parliament does have huge tasks. These include leading the political and constitutional reform march and putting President Mubarak Presidential Election Program into effect. The new parliament should also study proposed bills and agree to them as soon as possible.
A new legislative framework should be worked out instead of the current inefficient laws that simply thwart rights and freedoms. Which will eventually meet public demands and democracy, exceptional laws excluded, will be back on the right track. In other words, the new parliament should have a more effective follow-up and legislative role. Only through modifying the Egyptian Constitution, especially Article 115, Second Paragraph, can this take place. According to Article 115, the People's Assembly is denied the right to introduce partial modifications to State Overall Budget Bill (SOBB) upon discussion but for a governmental approval.
The Assembly has the right to only approve or reject SOBB only as a whole. However, such competence is recognized in all democratic countries. Why, the 1923 Assembly exercised that right in full. One can even go further as to say that the main historical reason behind the creation of parliaments is to watch over governmental financial policies of tax collecting or deciding on public funds.
Another article that should be modified, one must say, is Article 127 of the Constitution, which denies People Assembly members the right to apply vote of no confidence to the government. Consequently, a national dialogue should start in order to discuss a new constitution that will pave the way for a more balanced parliament-a parliament that, first, truly discusses national causes and, secondly, adopts comprehensive political reform laws.
"Future Parliament?--Not Yet!" on Parliamentary Elections 2005 Results includes two major sections:
First:
"Concluding Remarks" on "Parliamentary Elections 2005 Results", "Political System Status and Election Process Environment", and "Election Process Progress".
Second:
"Recommendations" on political reform issues and progress of election process.
The Egyptian Organization for Human Rights (EOHR) lays these recommendations in the hands of the President, People Assembly and Shourah Council members, representatives of political parities, Civil Society organizations, intellectuals, and leading public figures-that they may find their way in reality.
Concluding Remarks:
This section is divided up into three parts:
Part I: Parliamentary Elections 2005 Results;
Part II: Political System Status and Election Process Environment; and
Part III: Election Process Progress.
______________________
Part I: Parliamentary Elections 2005 Results:
Parliamentary Elections 2005 Results saw some basic features all their own. The ascendance of MB into political central landscape is one such feature. Its 88 hardly won seats, when compared to a mere 17 seats in 2000-2005 parliament, does testify to MB ascendance at the expense of all "Official Opposition" seats taken together who could hold on to only 13 seats: 6 for al-Wafd (Delegation), 2 for al-Karamaa (Dignity), 2 for al-Gad (Tomorrow), and 1 for The National Front for Change (NFC)--i.e. one seat less than 2000-2005 parliament. On the other hand, NDP has achieved a 34% in all three phases where 387 out of a total of 432 NDP nominees lost. However, prodigal Independents (i.e. candidates who were not nominated by NDP but won as Independents and chose to re-join NDP) upped NDP's seats to a 73% which shows how weak and inefficient political parties are at winning hearts and minds. On the contrary, MB could make it and were able to escape the iron legislative hold limiting parties' ability to infiltrate and reach out for voters. Moreover, MB was more organized which was evident in mobilizing skills, an ability to establish leading cadres and members continuously, a huge budget, and an established connection between religious and political discourses with average people's everyday needs as opposed to an almost absent effective partial discourse. To top it all, political parties were unable to crystallize political programs that would allure people and convince them to participate. The Independents Phenomenon is a yet basic feature of 2005 parliamentary elections. This may be attributed to an absence of concepts such as partial affiliation and commitment, an election law that is based on IRS instead of CPRLES, a phenomenal indifference to politics in Egypt, a meager representation of women and Copts: Women got 9 seats (4 elected and 5 appointed) in 2005 as opposed to 11 seats (7 and 4 respectively) in 2000 whereas Copts got 6 (1 and 5 respectively) in 2005 as opposed to 7 (3 and 4 respectively) in 2000, and, finally, declining political participation where, according to PEHC estimates, only 26% of registered voters i.e. 32 millions participated. According to official 2003 demographic indicators, Egypt's population in 2005 would be 71.9 million capita where citizens under 18 would count 29.8 millions. Which means citizens who were eligible to vote in 2003 count 42.1 millions. And if we are to take natural population increase in Egypt between 2003 and 2005 into consideration, Egypt total population should increase by 2%. Therefore, there would be at least 10 millions who are denied proper exercise of political rights, whether as voters or candidates, and who are not registered. This is not to mention erroneous electoral registers that only ups those denied proper political rights from 10 to 15 millions. Consequently, voting rates, as they seem now, are far from being realistic.
Reasons behind declining political participation rates are as follows:
- Security Forces (SF) closed off, cordoned, and denied voters access to balloting stations-a perpetual phenomenon in many constituencies during Third Phase. Some voters, when denied access, even brought ladders to jump over walls so they can reach balloting stations;
- Violence and bullying acts skyrocketed during all three phases between candidates' supporters; and
- The historical legacy of political life in Egypt also had its share. Throughout Egypt's long political history, average citizens have almost always had doubts whether their participation would be of any use. In addition, lack of essential knowledge on political life and on how to participate only added to the problem. And then comes rigging which made elections all the more absurd as results reflect only governmental perspectives whatever voters' say might be.
Part II: Political System Status and Election Process Environment:
Parliamentary Elections 2005 were run in a legislative environment restricting freedoms and rights restricting. Examples are abundant: Emergency Law in effect since 1958, Political Parties Law 40 (1977), Civil Society Law 84 (2002), Syndicates Law 100 (1993) modified by Law 5 (1995), Exercise of Political Rights Law 73 (1956) modified by Law 175 (2005), and Assembly Law 10 (1914).
As regards the political environment, one can argue that it has relatively changed when compared to parliamentary elections 2000 environment. In fact, all Egyptian society sectors including partial and populist forces have witnessed fresh political dynamism which all political forces made use of and lobbied to pressure the regime so it takes tangible measures on the road to political reform and to help refresh political life stagnant as it was over decades. Under such exceptional circumstances came the President's proposition to modify Article 76 of the Constitution. However, such proposed modification should be further reviewed in the future when it comes to standards governing candidacy owing to the fact that all Independents could not achieve the 250 recommendation condition to run for presidency. According to this condition, a potential Independent Presidential Candidate (IPC) should get at least 250 recommendations from MPs, Shourah Council members, and local councils. Elections should also be conducted over days and not on one single day. The President's proposal has raised political and constitutional reform demands ceiling. The proposed modification has also provided guarantees for fair and free parliamentary elections such as glass ballot boxes, phosphorous ink (which prevents voters casting votes more than once), and Civil Society Organizations rights to monitor balloting boxes, inside and outside polling stations, and judicial superintendence. This does not mean, however, that all went well in Parliamentary Elections 2005.
Part III: Election Process Progress:
Parliamentary Elections 2005 saw scores of human rights violations. For example, violence in 2005 was much more than in 2000. In 2005, 12 were killed and 500 got injured differentially, whereas in 2000 eight were killed and 64 injured. During Phases one and Two of Parliamentary Elections 2005 violence was so common among NDP, MB, and Independent candidates with Security Forces (SF) only watching. However, during Third Phase SF's neutrality turned into SF's closing off 496 polling stations according to an Egyptian Organization for Human Rights (EOHR) estimate. That has only made voters get engaged with SF so they can practice their constitutional rights. Unfortunately, SF retaliated firing and releasing bombs at them and assaulting judges, media people, and Civil Society observers. Then there is "Privatized Violence" i.e. incriminatory pre-paid violence where NDP, MB, and Independent candidates hired armed militias who carried cold steel and cudgels so voters' will might be influenced-all under SF's watch. Meanwhile, old-new violations persisted such as erroneous electoral registers, public funds abuse, collective voting.
Following are conclusions on election process progress:
(1) SF have far exceeded their assigned role. According to EOHR observers, SF performance during Parliamentary Elections 2005 varied. For example, during Phases One and Two SF remained neutral with all. As a result, violence, whose degrees and methods varied, escalated gradually. However, during Phase Two, Round Two SF cordoned, nay even closed off polling stations.
The situation grew even bleaker during Phase Three in which SF intervened in such a flagrant way in elections that they denied judges their supervisory role, media people their news coverage missions, and EOHR observers attending canvass of vote. It was all the more obvious with voters who were denied access to polling stations by force. Nine (9) voters lost their lives as a result: al-Said al-Deigaidy, Shaaban Abou Rabaa, and Atef Mohamed Ahmed in Damietta; Mohamed Karam Tahir Eliwa, Mohamed Ahmed Mahdy Gazar, and Moustafa Abdel Salam in al-Sharkiyah; Mohamed Hassan al-Bahrawy and Tamir Kidr al-Qammash in al-Daqahliyah; and Abdel Hamid Abdel Hamid in Qena.
(2) Polling Stations Closed Off on Voters. According to EOHR observers SF continued to close off polling stations on voters and only allowing NDP supporters in after showing NDP IDs. Worse, some Independents faked NDP IDs so their supporters were let in such as happened at Ali Mahmoud School, First Constituency, al-Mansourah. Closing off stations continued during Second Phase run-offs where 496 stations were closed off. Third Phase run-offs witnessed even more stations being closed off i.e. 350 stations in six governorates: Dameitta, Kafr al-Sheikh, al-Daqahliyah, al-Sharqiyah, Souhag, Northern Sinai. During Third Phase, First Round 120 stations were closed at 31 electoral posts in four governorates: al-Sharqiyah (40), al-Daqahliyah (30), Dameitta (25), and Kafr al-Sheik (25). Finally, during Second Phase, Second Round 26 stations were closed in six governorates: Alexandria, Port Said, al-Fayoum, al-Bihira, and Qena.
(3) Violence and bullying acts revved up. All Parliamentary Elections 2005 three phases saw different forms of violence committed by Independent, NDP, and MB supporters against one another. Violence escalated even more during Second Phase at: al-Goumrouk-al-Mansheiya, al-Montazah, and Karmouz in Alexandria; Idko-Rashid, Damanhour, and Housh Essaa in al-Bihirah; al-Arab-al-Dawahy and Port Fouad in Port Said; Ibshway and Sinorous in al-Fayoum; First Constituency, Second District in Ismailia; Kafr Shoukr in Qaliubiyah; and al-Mahala in al-Gharbiyah. As a result, Mohamed Khalil Ibrahim, Independent Hassan Hussein chauffeur, was killed at al-Goumrouk-al-Mansheiyah, Alexandria. Mr. Ibrahim was attacked by unknowns while standing in front of The Egyptian Company for Navigation Warehouse Station where he was stabbed with cold steel then and there upon which he was carried away to Raas al-Teen Hospital in a critical state. He died there.
Violence during First Phase was, however, concentrated in Cairo at: Bab al-Shaeryah, al-Mataryah, Qasr al-Neel, and al-Gamaliyah. During Third Phase violence persisted between NDP and MB supporters such as happened during First Phase at Belqas and Talkha constituencies in al-Daqahliyah.
Interestingly, though, SF were involved as another violence party such as happened during Phase Three in which tear gas bombs and rubber bullets were used against voters in al-Sharqiyah, al-Daqahliyah, Kafr al-Sheik, and Dameitta. Mr. Gommaa Saad al-Zeftawy, an al-Karamaa Movement supporter, and Mr. Hamdein Sabbahy, a National Front supporter, were killed at al-Brolus-al-Hamoul constituency, Kafr al-Sheikh. Many voters were injured. Round Two was, however, more peaceful. Meanwhile, violence continued against voters in Dameitta, al-Sharqiyah, al-Daqahliya, and Qena. Nine voters were killed. EOHR noted the emergence of a new phenomenon: Privatized Violence i.e. incrimatory pre-paid violence. NDP and MB candidates hired armed militia who carried cold steel and cudgels in order to influence voters under SF watch. Unlike Parliamentary Elections 2000 in which violence was rife in Upper Egypt, violence was much more obvious in Lower Egypt during Parliamentary Elections 2005.
(4) Electoral registers were erroneous. Erroneous registers led to hindering election process progress and declining participation rates. Register tragedies recurred throughout all three phases. Erroneous, repeated, and dead people's names were most conspicuous problems of registers which authorities, PEHC or Interior Ministry, did almost next to nothing to review.
PEHC did not do anything to implement rulings on clearing registers at al-Sayeda Zeinab and Misr al-Gadidah as she should, either. EOHR watchdogs also observed tampering with registers cases during second and Third phase's run-offs. Superintending judges were only muddled up since a voter who cast her/his vote at the first round would find a different name at the second. Tripartite names were also a big problem during phases Two and Three. As a result, judges were obliged to prevent voters from casting votes because personal and/or election IDs and election register names did no match.
(5) Vote buying ran rife. Whether in cash or in kind, Parliamentary Elections 2005 saw widespread election bribery. All political parties used money in order to influence voters especially NDP and MB candidates. According to EOHR watchdogs, some candidates showed money in and out of polling stations. But vote buying was all the more conspicuous in Cairo and Giza during Phase One carried out on November 9th, 2005. Alexandria and Suez topped vote buying lists during Second Phase. Whereas al-Sharqiyah and al-Daqahliyah came first during Third Phase.
Vote prices ranged between 20 EGP and 300 EGP a vote during First and Second phases, only falling slightly during Third Phase. Of course, money was not the only means candidates used in order to influence voters. Some, for example, distributed hot meals, medications, and outfits which was obvious in Cairo, Giza, and Alexandria. Of special note, election bribes exasperated more in towns than in the country. Consequently, one would argue, soaring poverty and unemployment rates contributed more or less to influencing voters' will.
(6) Collective NDP voting phenomenon steps up. Which was one of the most widespread violations during First Phases. Typically, NDP candidates would mass-transport government employees, women, the elderly, and the underprivileged in order to vote in their favor as was the case at Boulaq al-Dakrour-Omranyah Constituency in Giza and Misr al-Gadidah-Nasr City Constituency in Cairo. Voters were often mass-transported to constituencies other than those where they were registered. Voters were issued new election IDs against law.
Collective voting continued well into Phase Two especially in Alexandria and Suez. However, collective voting phenomenon faltered during Phase Three after SF closed off exits leading to governorates where elections were held. Consequently, candidates were unable to mass-transport non-resident voters. SF even cordoned off balloting stations.
(7) EOHR observers were assaulted by supporters, station heads, and security forces. Harassments recurred during all three phases. During First Phase, for example, watchdogs were denied access to polling stations in Cairo and Giza and were not able to attend canvass of vote such as happened at: al-Manial, al-Sahil, Misr al-Qadimah, Abdeen, Boulaq Abou al-Elaa, Minia Downtown, al-Haram, Mazgounah, Assuit Downtown, al-Tibeen, and al-Saaf. Where others were able to attend canvass of vote at: Giza Police Station, Kirdasa, Beny Sueif, and Nasr City-against a PEHC decision and an Administrative Judiciary Court ruling on human rights organizations right to observe parliamentary elections inside and outside polling stations.
EOHR watchdogs were still unable to access stations nor attend canvass of vote during phases Two and Three such as happened in Alexandria, Qena, Ismailia, and Fayoum. Yet, phases two and three saw many violations against watchdogs. Some, for example, were beaten up and kidnapped by NDP thugs such as happened to Yasser Samy, EOHR observers at Housh Essaa Constituency, Bihirah, who was beaten up, kicked at, and driven out of Station 10 at Sidy Ghazy School by Faouzy al-Maghazy, an NDP candidate. Sanad Ali Sanad, another EOHR watchdog at Morning School, South Islands, Second Constituency, South and Suburban Arabs, Port Said, was kidnapped by al-Husseiny Abou Qamar's, an NDP candidate (Labor), supporters. During Third Phase EOHR watchdogs were harassed by SF who denied them access into polling stations such as happened at Dignitaries and Success Co-ed Schools, Desouq, Kafr al-Sheikh and at Hariah Maznah Preparatory School, First Constituency, and al-Sharqiyah. SF also did not allow EOHR watchdogs to attend canvass of vote in Dameitta and Kafr al-Sheik even though they got special PEHC permissions.
(8) Superintending judges and media representatives were assaulted. Superintending judges were increasingly assaulted by SF during Third Phase in al-Sharqiyah and Kafr al-Sheik. For example, in Abou Hamad, al-Sharqiyah Mohamed Safwat, Lieutenant, beat Judge Emad Shafiq Oun up-according to Counselor Hisham Bastawesy, Cassation Court vice Counselor. Similarly, in Qleen Down, Kafr al-Sheikh Ahmed Abdel Khaleq, a canvass-of-vote station head, was attacked by an officer who left the former with a left hand fracture-according to Counselor Ahmed Zaky. Superintending judges were harassed during Second Phase in which some judges intervened so SF open up polling stations to voters such as happened in Alexandria, Port Said, Fayoum, Bihira, and Qena. In this respect, EOHR does express her deepest concerns regarding attacks on superintending judges and does urge a prompt investigation and public announcement of results.
EOHR accepts no justifications whatsoever of any harassments whatsoever to which judges, whose dignity is of the State's, may be subjected. As regards media people, SF continued to attack them during Phase Two such as happened to representatives of and/or journalists at al-Jazeerah Station at Fist Constituency, Kafr al-Sheikh, Dubai Station at Tanta Downtown, al-Gharbiyah, al-Masry al-Youm (Egyptian Today) paper journalists at Souhag, al-Karamaa paper at Shubrah, Second Police Station, al-Qalubiyah, al-Mawqef al-Araby (Arab Stance) paper at Daqahla Village, Dameitta, and BBC correspondent at Tanta Downtown, al-Gharbiyah. Attacks consisted mainly in shoot ban and equipment damage. Some journalists were even beaten up such as happened to Asmaa Heriz and Rasha Azab, al-Karamaa paper and al-Mawqef al-Araby magazine reporters respectively.
In this respect, EOHR does call for an immediate investigation and that perpetrators will be tried as soon as possible.
(9) Public funds were abused. That there is no separation between state and NDP remains one important reason why public funds abuse crimes continue during parliamentary elections. However, it should be noted that abuses were much more limited in scale than during past elections. For example, during Phase One some NDP candidates at Heliopolis, Nasr City, and Helwan mass-transported governmental employees using public buses. The same thing happened during Phase Two in Alexandria and Ismailia. No such cases were reported to EOHR during Third Phase. Now regarding campaigning itself, EOHR observed,
(a) That state-owned media, especially national television and papers, were obviously biased in favor of NDP candidates;
(b) That some candidates far exceeded 70, 000 EGP, spending ceiling determined by PEHC; and
(c) That some candidates assumed religious mantel(s) for publicity purposes before and on Election Day.
Recommendations
As this report draws to a close, EOHR does stress that Parliamentary Elections 2005 witnessed different forms of violations that, one might argue, total assessment of election process has been influenced one way or another and that elections themselves lacked international standards for fair and free elections.
The Egyptian Organization for Human Rights (EOHR) lays following recommendations in the hands of the President, People Assembly and Shourah Council members, representatives of political parities, Civil Society organizations, intellectuals, and leading public figures that they may find their way in reality.
First: Regarding Reform Issues:
1. A Grand Coalition Government (GCG) should be formed so it embraces all political, partisan, and grass root movements. GCG should serve for only two years and should have as its foremost mission constitutional and political reform. A "reformed" constitution should, then, be based on separation of Executive, Legislative, and Judicial powers. It should also state explicitly that the President be elected through secret balloting and that it should avoid all unjustified conditions for presidency as is the case in the newly amended Article 76 of the Constitution. A President should serve for only two terms. The new Constitution is to guarantee check and legislative roles to the People's Assembly, is to uphold decentralized governance, and is to accommodate between current economic life and constitutional prerequisites. Once a new democratic Constitution is worked out, truly democratic elections should follow.
2. Reforms introduced to the Constitution should go hand in hand with amendments to other laws governing political life in Egypt. That should also come with eliminating laws denying rights and restricting freedoms, issuing out alternative laws that guarantee rights mentioned in the Egyptian Constitution and human rights international covenants. In other words, a new legislative framework should be worked out so it is consistent with a reformed constitution. Requirements of such a framework necessitates,
- That Political Parties Law 40 (1977) must be eliminated by which parties can be founded freely under natural judiciary watch and in accordance with constitutional provisions. According to a specific definition of a political party or group, parties shall notify concerned authorities to set up. Political Parties Affairs Committee (PPAC) should also be done away with altogether as it impedes partisan progress. PPAC has an unchecked authority to approve or reject any new political party or group. Not surprisingly, most PPAC members are NDP members, too. Which makes PPAC a judge on and an opponent of other parties in the mean time. It is also seems that PPAC policies make it as a mere Yes/No committee whose most quotable reasons for rejection is "undistinguishable" from other parties.
- That a new alternative law should replace Civil Society Law (CSL) 84 (2002)-a hurdle before NGOs and real development of Civil Society. Moreover, CSL is just a setback compared with similar laws in neighboring Arab countries such as Morocco, Lebanon, Yemen, and Palestine. A new Civil Society law should, however, incorporate rights and freedoms mentioned in the Constitution and human rights international covenants, and lift governmental guardianship over Civil Society off-a guardianship that only hinders any potential democratic development or transformation. EOHR stresses that legislators should take into account basic guarantee endorsed by human rights international covenants and the Egyptian Constitution such as guarantees of the right to organize and assembly.
- That Law 100 (1993), otherwise known as Democratic Syndicate Organization Guarantees Law (DSOGL), must be eliminated. That each and every syndicate should decide for itself its own laws. DSOGL only fossilizes syndicate life. Moreover, DSOGL is appealed against as unconstitutional as it was never discussed in the People's Assembly, Shourah Council, or State Council. Moreover, Custodianship should also be lifted off.
- That Labor Syndicate Law (LSL) 35 (1976) must be eliminated. LSL imposes scores of legislative restrictions on syndicate freedoms, laborers' right to organize--i.e. creating unions and putting programs--to lay down independent constitutions, and to freely elect representatives.
- That Assembly Law (AL) 10 (1914) and Law 14 (1923) must be eliminated and be replaced by another in accordance with constitutional and international standards-only that the Interior Ministry should be notified of all relevant information on marches such as destination, time, period, place, and specific course.
- That Penal Code (PC) and Penal Criminal Procedure Code (PCPC) should be amended in accordance with new punitive schools that reduce confinement penalties. As regards election crimes, amended PC and PCPC should state clearly that lawsuits can be filed directly against public employees who commit crimes during election process progress in order to influence probity and that criminal and civil lawsuits against such crimes should not be dropped by prescription.
- That the Administrative Judiciary should exercise an overarching competence regarding settling disputes of candidate status and application, casting votes, and canvass of vote provided that the Administrative Judiciary Council (AJC) has the authority to decide whether a candidate's membership is valid or not and that, in accordance to Article 93 of the Constitution, memberships are not deemed invalid unless a 2/3 majority approves of invalidity.
- That Judiciary Power Law (JPL) should be amended for a more independent judiciary-such an essential guarantee of justice in Egypt.
- That Shourah Council Law (SCL) 120 (1980), modified by Law 176 (2005), on member selection process and SCL's competence, should be amended. EOHR does stress that current SC, 2/3 of whose members are elected where 1/3 are appointed, is much similar to the Specialized National Councils (SNC) in that both have virtually no powers to exercise. Instead, SC should have been able to issue laws out and to check on government performance such as was stated in 1923 Constitution. SC should also have full right to introduce any adjustments it sees right to the State Overall Budget (SOB). SC shall not authorize the President to exercise any of its authorities, especially legislative ones, except in case of a natural disaster or a foreign invasion. Any other authorizations are deemed invalid and of no consequences whatsoever. SC members shall all be elected directly, not appointed. SC President, two deputies, and office board members shall be elected from among elected SC members.
As regards human rights system, the state of emergency imposed on Egypt by means of emergency law 162 (1958), since 1981, should be lifted off owing to its serious impacts on human rights system and on peaceful societal democratic development. That should guarantee that civilians are not referred to military courts, that Emergency High State Security Court should be eliminated, and that all political prisoners should be immediately released. There should also be an end to torture and maltreatment at police stations. In addition, the newly elected parliament should decide on an EOHR bill concerning torture-related articles 126, 129, and 280 of PC and articles 232 and 63 of PCPC. The Egyptian Government must also ratify two announcements referred to in articles 21 and 22 of International Agreement Against Torture by which Anti-torture Committee at UN decides on complaints from countries or individuals regarding Egypt's breach of its commitments. Along similar lines, papers should be issued out freely, mass media be freely owned, executive and NDP shackles be shaken off by mass media and national papers. Besides, forces from all political spectrums should have an equal opportunity so they can discuss their perspectives on state-owned media until Radio and Television Law (RTVL) is amended and public mass media gains independence. Last but not least, imprisonment penalty on publishing crimes should be revoked such as the President promised in February 2004.
Second: Regarding Election Process
1. Legal and Legislative Framework
The legal and legislative framework within which parliamentary elections work must be reviewed. That can be done issuing out a new Exercise of Political Rights Law instead of Law 173 (1956) amended by Law 173 (2005). According to articles 15 and 16 of Law 173, concerned Governorate Security Head-an Interior Ministry (IM) employee-should be a member at the committee receiving registry, data refinement, and petition applications. It should be noted that the Interior Ministry holds the authority to appoint general balloting stations and sub-stations heads, to decide where stations should be located, and to name members. Similarly, according to Article 22 IM holds the authority to decide when complementary elections should be held. That is not to mention that, according to Article 54, the IM holds the authority to change election dates stated by law or to divide election spans up upon preparing election registers for the first time. All mentioned articles are part and parcel of balloting process and do influence voters' will and duties as specified in Article 62 of the Constitution.
It is worth mentioning that EOHR proposed an alternative bill for the Exercise of Political Rights Law (EPRL) 73 (1956) titled "Poll and General Elections Law". The law involves conditions for exercise of election rights, electoral registry, party concerned with conducting elections, election and poll regulation, election propaganda, and election crimes and penalties. Some former MPs adopted the bill. Moreover, EOHR proposed a bill, first of its kind, on election campaigns corruption. The bill proposed,
- That election spending should be strictly specified;
- That election bribes must be incriminated;
- That limits should be fixed for campaign spending;
- That any candidate should open a bank account at any recognised bank. The candidate would deposit all funds reserved for his/her election campaigns, would keep record of all other contributions to the account, and would spend only under the supervision of a chartered accountant.
- That any candidate should be committed before PEHC to providing all records and all financial transactions s/he may have in her/his possession-all well-documented. S/he should also enclose, among her/his other documents, a statement of account including all her/his financial transactions. PEHC should have every authority to dismiss a candidate in case s/he exceeds spending limits during elections, announce a candidate's membership invalid in case s/he wins, or compensate a candidate who proves harmed by spending violations. Again, EOHR does present both bills before the newly elected parliament that they may be adopted.
Now regarding PEHC, EOHR does recommend,
1. That PEHC should be re-created so it includes independent and judiciary figures. Present PEHC configuration involves 3 judiciary figures, 6 public figures i.e. twice as much as judges, an IM representative, and Minister of Justice as its Head. It is worth mentioning that public figures are selected by People's Assembly and Shourah Council presidents. Which runs against international and UN laws regarding free and fair elections: PA and SC presidents represent NDP that enjoys comfortable majority in both houses, nay even one of them is NDP Secretary General. To top it all, PEHC members do not, moreover, have such qualifications a judge should enjoy as judicial immunity, specialization, professionalism, and being of high calibre.
2. That PEHC should investigate incidents of assault on superintending judges and closing off polling stations before due time. Which violates guiding rules set by PEHC and Exercise of Political Rights Law 37 (1956) amended by Law 173 (2005). That PEHC should refer perpetrators to trial.
3. That PEHC should take a bunch of measures that guarantee enforcement of articles on rioters, bullies, vote riggers by force, and polling stations stormers stated in Exercise of Political Rights Law 37 (1956) amended by Law 173 (2005). That, in order to avoid collective outside voting cases, article 11 of Law 37 should be amended.
4. That PEHC must oversee campaign spending, track down expenditures and non-spent sums, record violators who spend more than 70,000 EGP in which case membership is invalid.
2. Election System
EPHR recommends that Unconditioned Proportional Representation List Election System (UPRLES) should be effected. UPRLES does guarantee certain voting blocs and enhance role of political parties in way that reflects their relative political power. UPRLES should also guarantee a fair representation of women in parliament. On the other hand, the Individualistic Election System (IES) only squanders 49% of votes in favour of candidates who get 51%. It should be noted, however, that in order for UPRLES to be effected a constitutional amendment should be amended first so any flaws that tarnished past experiments may be avoided.
3. Security Forces (SF)
(a) IM and Public Prosecutor (PP) should immediately investigate death incidents during elections so perpetrators are identified, brought to justice, and punished. According to Article 44 of Exercise of Political Rights Law 37 (1956), "whoever uses terror or intimidation in order to influence election process or referendum progress and does not realise his/her aim shall be incarcerated for no less than two years.
In case s/he realises his/her name s/he shall be incarcerated for no less than two years and no more than five years. According to Article 48 of Exercise of Political Rights Law 37 (1956), "whoever uses force or threat in order to prevent someone from casting his/her vote, express his/her opinion in a referendum or force him/her to express his/her opinion in some particular way shall be incarcerated for no less than six months and fined for no less than 1000 EGP and no more than 5000 EGP." EOHR also recommends that anyone proved involved in any death, violence, or bullying incident should be stopped.
(b) SF should abide by its specified role in accordance with Article 26 of Exercise of Political Rights Law 37 (1956) which law makes SF subject to General Committee Head (GCH) in that SF shall maintain order inside and outside polling stations so voters can cast their votes freely and in that SF shall affect laws.
4. Electoral Register
EOHR stresses that electoral registers are one main reason behind declining political participation rates because of not being updated for so long. They are full of repeated and dead people's names. Therefore, EOHR demands that existing electoral registers be discarded altogether and that National ID Card Project (NIDCP) be completed so only national ID holders vote. National IDs would include date of birth, residence place, workplace, and occupation.
5. Superintendent Judges
(a) EOHR recommends that Independence of Judiciary Law (IJL) should be ratified as soon as possible. IJL provides sufficient guarantees for judges so they can perform their tasks independently. That IJL should be consistent with international standards for independent judiciary. In addition, EOHR re-stresses that judges should superintend elections completely right from the very start i.e. starting from preparing electoral registers to result announcement and that superintendent judges should be selected only from court judges to the exclusion of others.
(b) Superintendent judges should have more powers outside polling stations and should have an authority to stop voting process in case voters are denied access into stations.
(c) All general committees, subcommittees, and ballot box keepers should belong to a permanent judicial committee created from oldest Court of Cassation Deputy as Head and membered by Judges' Club President and oldest High Administrative Court Deputy. Such a committee should have the power to appoint judges, main or stand-ins, and that it should decide on petitions about election process progress regarding balloting or canvass of vote.
(6) Civil Society Observers
EOHR recommends that a law be issued that regulates civil society oversight tasks. Such a law should empower Civil Society to monitor elections inside and outside polling stations so that canvass of vote is public and candidates as well as their agents are able to attend canvass inside polling stations. A copy of canvass of vote results should also be handed to candidates and their agents.
(7) Handling Public Funds
Public institutions should be separated from NDP in order to stop abuse of public funds. Facilities and means of transportation belong to governmental authorities during elections. Legal measures should be taken against abusers.
(8) Political Participation Enhancement
Political participation should be enhanced and take root in all citizens since political participation is a main foundation of democracy. This can be done through political awareness programs via seminars, discussion rings, and television programs.
Third: Regarding Women Participation
EOHR recommends,
- That women should be assigned specified number of seats in the People's Assembly and Shourah Council. This can prove a precious opportunity to help women participate and it comes in accordance with Discrimination against Women Treaty (DAW) singed by Egypt. According to Article 4 of the treaty women could be discriminated against only "positively" and only for a limited period.
- That political parties should apply a quota system by which a special quota of candidate lists are reserved for women. Other experiments may be of use here such as those of France and Morocco.
Fourth: Regarding Election Campaign
EOHR recommends,
(a) That mass media should no more be a part of governmental bodies and that state-owned or private-owned mass media-be these radio, television, or papers-should be unbiased and objective.
Mass media should, then, pursue the following goals in order to positively cover elections:
- Mass media should cultivate citizens politically, urge them to cast their votes, and emphasize importance of every vote so s/he must choose carefully between candidates.
- Mass media should cover election campaigns completely, fairly, and objectively regardless of candidates' partisan affiliations or intellectual leanings.
- Mass media should raise questions on candidates' agendas and how these are related to actual societal agendas.
- Mass media should feature analytical and interpretational overages for election campaigns so voters can distinguish between different programs but that it should avoid direct bias.
- Mass media should perform their role as far as monitoring and commenting on different practices during election process progress are concerned-practices such as vote buying and violence and bullying acts performed by:
- Executive and administrative authorities;
- Candidates, partisans or independents; and
- Voters.
- Media coverage should be constituency-based not candidate-based. Therefore, mass media should, on the one hand, cover all 222 constituencies and, on the other hand, all candidates in a balanced way so all get equal coverage.
- Mass media should present candidates' different partisan and intellectual perspectives in a comparative, analytical, and critical way. It should be noted that analytical and interpretational material does play an important role when it comes to objective discussions of campaigns and current issues.
- Media people should commit themselves to an honour pledge for media coverage. Among recommended principles for such a pledge are:
- No radio or televised material that may influence elections one way or another should be broadcasted.
- No defamation, vilification, or calumny of candidates should take place. No such material should be broadcasted or published in order to disdain or discriminate against a candidate on the basis of his/her gender, class, religion, or disability.
- No blackmailing should be inflicted on any candidate. Professional integrity should be further stressed.
- No colouring or distortion of facts should take place. Facts must be covered in full. No unchecked news or rumours should be broadcasted or published as true deliberately.
- Clear distinction between "news" (facts, incidents, or information) and "opinion" (point of view, perspective, etc).
- No hackneying whether through irony, sarcasm, or disdain should be inflicted on candidates.
- Mass media should stress on a balanced and unbiased approach. This should not be restricted to coverage time for each party, constituency, or candidate but it should also include:
- Publishing place (page and where on page) and broadcasting time (e.g. prime times)
- Display and/or presentation techniques (e.g. graphics, special effects, etc)
- Published and/or broadcasting material that harms specific candidates, especially partisan candidates.
- Publishing and/or broadcasting time of programs: whether at the start or the end of elections.
- More balanced coverage in national papers between all parties regardless of political affiliations. National papers editors-in-chief should not show their direct support to or preference of specific candidates of particular parties notwithstanding their being affiliated to those parties.
(b) That any discriminatory election campaigns on basis of gender, religion, colour, or race should be incriminated. EOHR observers monitored cases in which some participating political forces used religious mottos on campaigning and during voting process. Which only mixed religion up with politics. It is strongly recommended, therefore, that such forces stop flirting with voters using religious mottos in the upcoming elections-mottos whose use only contradicts with international covenants and the Egyptian Constitution. This is not to mention use of worship places. Finally, it should be noted that elections are designed to select candidates from every walk and of every hue.
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