The ACIJLP rejects the enactment of law to regulate the right to demonstrate Unless preceded by legislation that emphasize the respect for the rights and freedoms

Cairo, October 20, 2013

The ACIJLP rejects the enactment of law to regulate the right to demonstrate

Unless preceded by legislation that emphasize the respect for the rights and freedoms

The Arab center for the independence of the judiciary and the legal profession (ACIJLP) expresses its rejection of any attempt to enact a law to regulate the right to demonstration and peaceful assembly in Egypt at this time, unless preceded by legislation which emphasize the desire of the Egyptian authorities in the protection of rights and freedoms, and discloses its orientations toward taking the necessary steps to achieve the demands of the 25th  January Revolution, and its subsequent revolutionary waves.

The ACIJLP points out that, although the phase experienced by Egypt at this time is the a constituent stage and it is permissible to the Egyptian authorities  to enact  the necessary legislation to put the foundations of a democratic society, but the decision of the Egyptian authorities to enact a law to regulate the right to demonstrate becomes futile in ensuring the protection of rights and freedoms unless it is preceded by a series of legislation necessary to protect human rights and fundamental freedoms.

The ACIJLP emphasizes that the legislation that should be issued before enacting a law regulating the right to demonstrate is particularly as follows:

First: the law against torture that includes the definition of torture, as set out in international covenants and legislation, in particular the Convention against torture and other cruel, degrading and inhuman treatment, and to toughen the penalty of this crime to confirm the rejection of this crime on the governmental and non-governmental level of and in society.

Second: a law to combat discrimination, that includes informative and clear rejection of discrimination in all its forms and manifestations, whether that based on religion, belief,  color, political opinion, gender, social origin, or economic status, or any other reason of discrimination, as well as the criminalization of the penalty  of this discrimination in public office.

Third: a law to combat corruption in all its forms and manifestations, whether financial, administrative, or political corruption or other types of corruption, and toughening the penalty of this crime. Moreover, the authorities should expressly disclose in this Act its rejection to all forms of corruption, and its commitment to develop a strategy to combat corruption as one of the most important demands of the January revolution.

Fourth: the law guaranteeing the right to freedom of thought and belief should provide openly to citizens and target groups for the right to freedom of thought and belief without harassment or threat or any kind of prosecution, especially security and judicial prosecutions, and it should criminalize the attack on this right as one of the fundamental rights and freedom of citizens.

The ACIJLP points out that this series of legislation – which are necessary at this period – are only enough to remove any kind of tension or societal polarization, if it ensured the actual implementation of this legislation, and the necessary subsequent administrative and judicial measures, then comes the stage of enactment of a law to regulate the right to demonstrate and this law should take into account the international standards and covenants related to human rights.

The ACIJLP believes that issuing and applying this legislation is considered a clear expression of the current authorities in Egypt towards emphasizing the protection of rights and freedoms, and the positive trend on the implementation of the demands of the January revolution, and addressing the causes that led to the eruption of the January revolution. The attempts to enact a law to regulate the exercise of the right to demonstrate before issuing the above mentioned series of legislation may be considered an abuse on the right to peaceful demonstration and assembly.

The ACIJLP calls upon the Egyptian authorities to give consideration to this legislation and take the necessary measures in order to issue such legislation before enacting a law to regulate the right to demonstrate.