The Egyptian government is using a 2002 law to demand that all non-governmental organizations, especially those active in human rights, to come under the umbrella of the Ministry of Social Solidarity by November 10, 2014. All organizations must become civil associations even if they are legally registered as companies with developmental or cultural aims.

The Egyptian government is using a 2002 law to demand that all non-governmental organizations, especially those active in human rights, to come under the umbrella of the Ministry of Social Solidarity by November 10, 2014. All organizations must become civil associations even if they are legally registered as companies with developmental or cultural aims.

The law means that more than 40,000 non-governmental bodies, and especially their funding, will be subject to government censorship and direct supervision by the appropriate ministry. That law also requires any new civil association to first obtain government approval to be able to register.

If the government denies that approval, the association will be notified by the Ministry of Social Solidarity within 60 days of submitting the application. The Egyptian constitution was amended for the purpose in January 2014. The new law also stipulates that organizations that do not correct their legal status properly will be considered dissolved.

New chapter in an old book

The law dates back to before the revolution. But President Hosni Mubarak‘s authoritarian regime did not enforce it thoroughly, and did not oblige NGOs to register and civil associations to be under direct control of the government. He allowed most of them to practice their activities as companies registered with the Ministry of Investment, a liberal policy that provided good political propaganda for Mubarak’s regime.

But post-revolution governments are being stricter, attempting to organize non-governmental activities and put them under direct state control. The start of this crackdown came during the rule of the Supreme Council of the Armed Forces, when the premises of several Egyptian and foreign NGOs were raided on 29 December, 2011. Moreover, the government of Mohamed Morsi came up with a draft law that was not passed because of the June 30 revolution in 2013. Now the government of Prime Minister Ibrahim Mahlab is making up for lost time.

“According to the law, the ministry must be notified of any project to be implemented by any association, the name of any foreign foundation that is going to fund it, as well as the identity of any beneficiaries,” said Khalid Sultan, head of the administration of associations at the Ministry of Social Solidarity. “When all this information is provided, the ministry responds within 30 days.”

When asked if the ministry has the right to refuse a project, Sultan said, “Of course we have this right, but if the project is not accepted by the ministry, the association can file an appeal.” This means that the ministry will have the upper hand on any project to be implemented by any NGO, and will have the power to disrupt activities or block any transfer of funds. In effect, any potential civil society activity will become an issue decided by the court. However, Sultan added, “There is no reason for concern because we allow financing and grants.” According to the official ministry website, 19 million Egyptian pounds ($2.7 million) were received by civil associations in July 2014.

Fear of foreign money

Why did the government enforce the law now? Sultan would only say that this is the existing law, and therefore the government cannot allow any “entities” to obtain funding and grants from abroad without direct supervision and control. “The current situation cannot go on,” he added, with some resentment. “We should monitor foreign funding, and the state should be present!”

Sultan’s answers reveal that the government is concerned about monitoring money coming to Egypt from abroad. When asked if there are concerns about the use of this money in politics, he said, “I personally do not believe that these civil entities are working in politics, but even in countries like France and Russia, laws related to civil associations do not allow the entry of funds from abroad without government supervision.”

But what will happen if associations do not respect the law and the government dissolves them? “We have not yet taken a decision on this point,” said Sultan, but he confirmed that many organizations have applied for the proper permit.

Dithering government

The Egyptian government has floundered a little on the issue. Social Solidarity Minister Ghada Wali found several draft laws when she began to deal with the civil association issue, and asked the General Federation of Civil Associations to determine the best one. A new law was proposed that gave security apparatuses the power to interfere in the work of NGOs and to supervise them.

On 18 June, 2014, the ministry demanded the regulation of civil society organizations according to the 2002 law. Among the drafts being studied by the government is one prepared by former Social Solidarity Minister Ahmad El-Boraei. This draft was widely accepted, and for his part, Sultan said, “The best stipulation, which complies with international law, will be extracted, and 90 percent of El-Boraei’s draft will be taken into consideration in the new law.” He also confirmed that there are consultations going on with the General Federation of Voluntary Societies on the law.

As many as 23 Egyptian NGOs demanded more talks on El-Boraei’s draft and the deletion of stipulations that rely on the 2002 law. In a joint statement, the NGOs stressed that the Egyptian government should seek the advice of the UN High Commissioner for Human Rights to ensure the new law complies with Egypt’s international obligations under the International Covenant on Civil and Political Rights, which Egypt has ratified.

More than a threat

When some NGOs refused to comply with the old law, the new government retaliated when President Abdel Fattah al-Sisi amended Article 78 of the penal code. Accordingly, penalties on obtaining funds from external sources, a foreign country, party or an NGO working for a foreign country, were increased to life imprisonment or fines of up to 500,000 pounds if obtaining the money is considered detrimental to the interests of the nation.

This questionable formulation is expected to be used against some NGOs, an indication that this is merely a continuation of pre-revolutionary policy, planned by the government to threaten the activities of civil society – either by supervision, suspension, dissolution, or legal prosecution.