5/6/2007

The inhabitants of Kalaa El Kabsh – that random area located at El Sayeda Zeinab district at the middle of Cairo ,which suffers from the absence of the main utilities and constructional planning – are not expecting worse  than  what they live in . Although they inhabit  a wooden nests that lack all elements of suitable  housing and suffering from government negligence and the failure to provide a safe houses to ensure the respect for their rights , they were on a date of government negligence as the fire broke out in this district on Tuesday 20/3/2007 at 11:00 am .The fire destroyed more than 86 nests and displacing  more than thousand of homeless citizen . The security forces surrounded the area to force citizens to evacuate their houses without providing an alternative accommodation , the matter which rejected by citizens who were arrested randomly and illegally ,besides, assault and battery and the using of tear-gas bombs which produce a severe violation against the rights of these citizens .

The incidents of Kalaa El Kabsh opens the  file of the right to housing which is considered a real guarantee for the enjoyment of all other economic and social rights especially the political rights .This right is guaranteed by the international covenants on human rights, including the Universal Declaration for Human Rights and the International Covenant on Economic, Social and Cultural Rights, and also the Convention of children in Article (27) and the Convention on the Elimination of All Forms of Discrimination against Women.

The events of Kalaa El Kabsh, in fact, conflicts with international covenants and conventions, and conflicts with  what has been received from the texts of the Constitution and national legislations which stated  the principles of citizens rights to housing and the responsibility of government for providing housing and meet the needs of citizens as food, clothing and shelter, besides , working towards improving the standard of living conditions. The right to housing is a constitutional right and has a fundamental importance for the enjoyment of all economic, social and cultural rights.

Methodology of the report   :

In this report ,EOHR depended on dispatching   two fact-finding missions around Kalaa El Kabsh  area on 8/5/2007and  24/3/2007 . The two missions primarily depended on the statements of eyewitnesses and met 20 witnesses whose  names are enclosed  at the bottom of the report .

The mission’s team heard eyewitnesses  individually and took live testimonies , all testimonies  were identical and concluded that there are a large number of families that have been unable to obtain alternative houses  and became homeless. These families  also were affected by the ill-treatment of the security forces during their implementation of the decisions of the demolition besides, the use of violence and tear-gas bombs which caused injuries and suffocation cases  .

EOHR received many complaints submitted by the citizens of Kalaa El Kabsh which informed that there are nearly  46 families from the block population from (18-21 block) that  unable to get alternative housing units until the date of their complaints and  they are still residing in camps without shelters and without services and materials needed to live as they live amidst  very difficult conditions .It  is noteworthy that among these families are women and children who are in a short need for protection. 

In this concern , the report of the Egyptian Organization for Human Rights " The fire of Kalaa El Kabsh ……. Does it open the file of random areas in Egypt" was released  from a study of the right to housing as a social and economic rights for human , and jumping off to study the status quo in Kalaa El Kabsh  and study the backgrounds of this issue and how to treat it .

The  report is divided into:

Section I: The right to housing in the light of international covenants
Section II: Kalaa El Kabsh  - ill-treatment and arbitrary arrest
Section III: Kalaa El Kabsh  the reality of live testimonies
* Recommendations.

Section I: The right to housing in the light of international covenants

Housing is known in the Global Strategy for Shelter by  the adequate levels of privacy and space and proper security ,proper  lighting and ventilation and basic infrastructure and suitable location with regard to work and basic facilities - all at a reasonable cost

The international conventions take care of this  right as the Universal Declaration of Human Rights in 1948 has recognized  the right to adequate housing as a separate right , and one of an important component of the right to get a proper  standard of living.

Since then, the right to housing has been recognized widely as one of the key elements of the human rights and was guaranteed to all people through various international conventions as  the Universal Declaration confirmed this right in Article 25 “Everyone has the right to get a suitable standard of living to maintain health for himself and his family, including nutrition, clothing, housing and medical care and necessary social services and has the right to security in the event of unemployment, sickness, disability, widowhood, old age and other lack of livelihood in circumstances beyond his control. The International Covenant on Economic, Social and Cultural Rights in Article 11, first paragraph stated “ States involved in this covenant stated the right to get an adequate standard of living including adequate food, clothing and shelter and the right to continuous improvement of living conditions , states undertake to adopt the necessary measures for executing  this right”. In 1991  Committee on Economic, Social and Cultural Rights issued a detailed comment No.4 on Article 11 passage 1 of the International Covenant With regard to the right to adequate housing  and  it contained a detailed explanation on the concept of adequate housing and established a collective relation ship  between the right to housing and other rights emphasizing that the right to adequate housing applies to all people regardless of their age, economic status, group or other affiliation or social status, and any other factors . The committee considered that the right to housing shouldn’t be restricted as it is not an exclusively such good , this right should be regarded as an important right because it is primarily linked to other human rights and other main principles that the covenant depends on .

There are many other conventions that paid attention to this right, including the Convention on the Elimination of All Forms of Discrimination against Women,  which confirmed  in Article 14, paragraph G, "The right to enjoy with an adequate living conditions, particularly in relation to housing, sanitation, electricity , water supply , transport and communications, .Also the Convention on the Elimination of All Forms of Discrimination against Women, confirmed the right in Article 41, paragraph 2, and the Convention on the Rights of the Child article 27, paragraph 3,and Article 10 of the Declaration on Social Progress and Development, and the third section (8) of the Frankfurt Declaration on Human Settlements , 1976,  and Article 8 (1) of the Declaration on the Right to Development, and Recommendation No. 115 of the International Labor Organization concerning housing for workers in 1961,and finally  the Convention on the Rights of Refugees in 1951.

However, this right had obtained   dignity  in the regional human rights treaties, as well as it did not witness any interest in the constitutions of Arab States . There are 17 Arab countries which did not mention that right in their constitutions, although there are more than fifty national constitutions stated this right.

Section II: Kalaa El Kabsh -ill-treatment and arbitrary arrest

The  problem of  Kalaa El Kabsh region returns to nineties, as it  is considered a random area subordinated to El Sayeda  Zeinab - Cairo Governorate and most of the population are workers and artisans  with low income , their houses are  wooden nests and there are over  more than 250 wooden houses with absence of basic services and materials necessary  for life  .Besides,  the lack of construction  planning and the problems of sanitation, and there are a group of residential blocks of population subordinated to Cairo governorate which have been  granted to citizens to use it as a private living ( provisional lodging ), since 1993.


The events of Kalaa El Kabsh started on Tuesday, 20/3/2007 at around 11 o'clock  with
fire outbreak  in one of wooden rooms  and extended to include other rooms and residential blocks to reach more than 200 rooms, and the fire destroyed  more than 250 houses of the wood houses and kiosks.

On Thursday, 22/3/2007 about eight o'clock people of the area were surprised by  security forces and about 20 security cars and 2 bulldozers went to the stricken region, and they removed remnants of the fire and intervened to deal with the people in an attempt to evacuate the area of the population to pull down the area , but they surprised by  resistance of  people as they didn’t find an  alternative accommodation, the matter which caused a wrangle  between people and police forces  to evacuate the region . Police assaulted citizens savagery while people began to throw stones against them . Police bombing them with tear –gas grenades and wounding several individuals as follows : -

1. Amira Nehmedo Mohamed  (20) years was injured  during altercations with bruises  in  the face and various parts of the body and was transported to El Monira  hospital.

2. Barakat Fawaz Mahmoud (28) years smitten by a broken left arm and transferred  to a El Monira  hospital.

3. Soad Mohamed Hamed (28) years was suffocated by tear gas and shortness of breath, and also her child , Waseem  (one and a half years old ) was injured , both were transferred to El Monira  hospital.

4. Ahmed Mohamed El Sayed  (23) years was smitten by grazes and wounds on his left foot as a result of bombing a tear gas grenade , he was transferred to El Monira  hospital.

5. Laila Ali Bader (40) years infected with coma and narrow breathing.

6. Bakra  Khalifa Gad (40) years she was  beaten by hands and foots  by security forces to evacuate the place for demolition.

The security forces had arrested number of inhabitants of the region, including:
• Salah Bader Hanafi
• Mohamed Bekheit
• Sabri Ashry
They have been transferred  to El Sayeda Zeinab police station .

The situation remained in this manner until the end of March without any significant progress to solve the  complaints of those citizens or work in providing  adequate housing for them, the people of the area submit  complaints to officials to seek an alternative accommodation, however, their attempts failed .

Instead of preventing the crisis from escalation , the central security forces and the police of Rod El Farag  on 7/5/2007, at 6 o'clock  besieged the area to evacuate people so as to enable them to obtain alternative units, and the security forces took their  identity cards, but people were surprised by the presence of other persons who are not belonging  to  the stricken region

but the real inhabitants of the region were unable to obtain the units and security officers asked them to stay away from their destroyed  homes so that bulldozers can demolish other buildings .People were  threaten to stay away of their houses whereas  many of them were arrested and transferred to a mountain area at El Tagamou El Khames (New Cairo )

Accordingly, and on Tuesday, 8/5/2007 Egyptian Organization sent its second mission to find out the reasons for the persistence and escalated  situation in the zone.

Section III: Kalaa El Kabsh ..the reality of live testimonies

1. Amira Nehmedo Mohamed 20 years

While I was in my room with my mother- in- law on Thursday, 4 members of security forces  pulled us to get out of  the room obligatory , we didn’t want to get out so as not to lose our right to get an alternative house , they bet us and threw me on the ground although I’m pregnant in the ninth month . I have been  transferred  to El Monira hospital

2. Salah Farid Shawki (40) years

On the fire day I  returned from work at night founding  fire everywhere , my furniture was fired and my wife gave  birth after fire broke out . On Thursday about 20 security cars , loaders and bulldozers came to demolish our buildings , but nobody agreed to get out .We have bombed with more than 20 tear –gas grenades .There are a  suffocation cases among children and women and most of citizens transferred to hospital

3. Mr. Ahmed Mohamed El Sayed (23) years

On Thursday morning there was  about 20 central  security cars besides  loaders and bulldozers with soldiers   who dressed in black and hold sticks .Soldiers began to force people to get out of their houses with the return of people refusal  .Then they began to beat us savagery and shelling  with tear gas grenades  . I was injured in my foot and transferred to hospital until I left for  today (24/3/2007).

4. Barakat Fawaz Mahmoud (28) years

I was standing with my family before our houses when we surprised by  Security Forces who began to beat us furiously . One soldier bet me with a tough stick on my left arm the matter which I infected with a swell and suspected broken arm .I have immediately transferred to hospital .

5. Arafa Ahmed EL Touny Ahmed (27) years

I’m a new  groom and on the  day of fire  I returned back of my work to find my house changed to ashes . On Thursday we surprised by security forces wanted to evacuate us without getting an alternative accommodations .

6. Nashwa  Mohamed Ibrahim (25) years

I was in my burned room until I  met people from the police who forced me to leave the room . I found bulldozers and soldiers outside . We were bombed with tear gas grenades and we ran from smoke and escaped in the mosque .

7. Bakr  Ahmed Habash (32) years

I have inhabited this place for 5 years and when I returned back from my work  I found my house and furniture a stack of ashes  . We have obliged to remain at our places until the government provides such an alternative accommodation . The government forced us to evacuate our houses using tears –gas bombs .

8. Mahrous Rateb Mahrous

After the fire  , we didn’t get an alternative houses until Thursday when police security forced us to evacuate the area using tear –gas bombs.

Eyewitnesses to the events of Tuesday 8/5/2007

1. Abdel Hadi El Sayed

I was Surprised at 6 o'clock  by a police security encircling the region, and asked people in the rest of the burnt houses to emerge to take their right . They began to call us by our names and they took our ID . We found other people outside the region who get houses illegally . The police security asked us to stay away of the area , then we surprised by bulldozers demolishing the rest of houses and there are  attempts to prevent police  from continue but  we were threaten  to be confined .They took some individuals  with them until they were released in El Tagamou El Khames (New Cairo).

2. Mahmoud Hassan Ismail

I was a witness to what happened, and I was injured because of their ill-treatment, I was forced to leave my house and ride a car until I was released at El Katamia heights . I was returned back with a miracle as I didn’t have money .

3. Mona Ahmed Abu Zeid

At 6 o'clock the police burst into  houses ferociously  and threw our furniture in the street and after that we have been collected and thrown at El Nahda city  . Now I didn’t have any papers as I lost it in my devastated house .


4. Atef Mohammed Salem Abdel Wahab

police security maltreat us as we were collected and thrown in Gaser El suez area .

5. Rifai Taya

I have been taken with 50 persons by security  forces to a deserted place after demolishing my  house. We didn’t find a place to live in while other  people( outside stricken area ) took our houses illegally .

6. Abbas Bassiouni El Badri

 
Security forces came at 6 o'clock and surrounded the whole place and ordered us to leave the house , they threw our furniture on the street, the bulldozers demolished houses and called some people and gave them contracts for apartments while other received nothing  , and after that they forced us to ride a car until El Tebeen where we were thrown about 12:30 .

7. Mahmoud Abdul Basit Saleh
I have been taken and forced to ride a car to Helwan El Saf road  almost at 2:00 pm.

8. Karima Sayed Kamal

After the problem has finished , my sister and other women went to the province to submit their complaint and get houses .


9. Mona Mahmoud Hassanein

At 9.30 am women were taken by police forces to the desert – Helwan district . SOME inhabitants outside our area took houses instead .

10. Nagah Mokhtar Amin.

After security forces kicked us out of the house , they took my husband Aiad Abdel Hameed and his brother Ayman . They are absent till this moment and I have 9 children and I don’t know where I go or what can I do !! .  

11. Amal Lotfi Monaza

Security forces came at 5:30 am and forced us to leave houses , they took my husband and my brothers and the brother of my husband and we are waiting for them until now .

12. Kamal Salem Abdul Wahab

At 5.30 am we were surprised  by security forces who encircled  the whole place and forced us to evacuate houses , they selected specific people and gave them letters to get houses later  , then security forces asked people who didn’t hear their names to go away .

The fact finding missions  reported that while their existence in the stricken area they witnessed citizens inside their burned and perishable houses and there are good people offered them food  , also  a mission of the Relief Committee of the Association of doctors provided  foods and medicines.


Recommendations

In this regard , EOHR  calls for a group of  recommendations to prevent the crisis of Kalaa El Kabsh to occur again . Also it calls for providing adequate standard of housing for weaken and low income citizens with suitable prices . In this respect , EOHR calls for the following :-

First: as for the crisis of Kalaa El Kabsh

 
State should provide basic services to the vulnerable sectors of the population who are unable to get it . As long as the right to housing is one of the fundamental rights for human and  especially for family as it considered the basic for society .State and society should eliminate all kinds of snags and protect family and this will never be achieved except for providing shelter and safe houses .EOHR calls for taking a practical and legislative procedures to stop the suffering of inhabitants of Kalaa El Kabsh area , perhaps most important procedures are as follows :-

• working quickly to help  the inhabitants of Kalaa El Kabsh to get alternative and suitable  housing units .

•Finding an effective and alternative solutions to get rid of slums, which is considered a violation against the right to perfect living .This right includes food, clothing, housing, education, treatment and other basic needs.

Second: For the housing crisis in general

• State should decide  on legal challenges presented by citizens and to prevent the process of evacuation and demolition .

• Completing the architectural projects to avoid establishing random  areas and asking the assistant of  faculties of Engineering and construction  Planning and consulting offices to prepare these schemes.

• The real estate financing law should be activated and implementing what stated in Article 35 related to establish a support fund for the real estate finance activity for people with low incomes , and work to provide the amounts needed to support social housing .

 
• Develop a strategy for houses for  limited-income in the light of market economy based on encouraging migration to the new areas  with providing a complete services .

• looking into  complaints submitted against illegal actions carried out or supported by home owners  (public or private) with respect to the levels of rent and maintenance of housing. And also taking into account the complaints against owners of houses with regard to the conditions of unhealthy or inappropriate.

• The State must ensure the adequate  allocation of the funding for providing suitable houses .

• State has to take the necessary measures in order to develop a plan for the development of society on the economic and domestic level to guarantee that citizens will get a suitable houses .

A table for some victims of Kalaa El Kabsh