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The weekly newsletter from 28th January to 04 February

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Egypt

A positive judicial ruling against restriction of civil society

The Administrative Court issued a ruling in which it imposed the Ministry of Social Solidarity to accept the fund provided to El Sadat Association for Social Development & Welfare from the embassies of Norway, Switzerland and Germany in Cairo with an amount of one million and half euros to implement the project “building the capabilities of civil servants and workers on civil society” It is considered a positive ruling under the restriction on civil society in Egypt. However, this raises a question regarding the possibility of using that ruling in favor of the rest of civil society organizations.

The Administrative Court

The Court said in its reasoning that the documents confirmed that El Sadat Association for Social Development and Welfare headed by Mohamed Anwar El Sadat, is a non-profit civil society organization and is registered under no.1081 of 2004 in accordance with the provisions of the Associations and Institutions Law No. 87 of 2002 – (before its abolition) – in the Central Administration For civil associations and institutions at the Ministry of Social Solidarity. And a grant was received from the embassies of the aforementioned countries.

The Court added that El Sadat organization submitted a request to the Ministry of Social Solidarity in order to have its approval for accepting this grant. However, the Ministry rejected the grant and justified that by the rejection of the security services, clearing that these bodies don’t inform the Ministry with the reasons for rejection.

In this context, the Court confirmed that the rejections of security services alone are not enough to be a reason for an administrative decision just in case reasons included certain facts and clear evidence. 

The Court added that because the General Directorate of Security at the Ministry of Social Solidarity didn’t justify reasons of grant’s rejection especially that the lawsuit papers didn’t contain an evidence on the seriousness of the project which is funded by the aforementioned grant on public security or what indicates a security risk from the donor or the Association.

The Court stressed that the decision to reject this grant would prevent the plaintiff Association from developing its financial resources and carrying out one of its activities. Thus that restricts one of the manifestations of the exercise of the right to form associations guaranteed by the Constitution and affirmed by international conventions, without a legitimate justification which is required by the democratic organization. The plaintiff Association recognized that the donor has been working in Egypt legally for some time and  financing many developmental and humanitarian projects in Egypt and for many associations and institutions.

The Court mentioned that the Egyptian Constitution guarantees the citizen’s right to form civil institutions and associations. In addition, the right of these organizations and Associations to practice their various activities freely. The International Covenant of Civil and Political Rights stressed that right and prohibited countries from putting any restriction on practicing it unless it is stipulated in law and necessary to be taken in democratic societies in order to protect national security or public safety, order, health and morals or the rights and freedoms of others. 

Solafa Magdy: Security seeks supporters or torture

Amnesty International called the Egyptian authorities for releasing the detained journalist Solafa Magdy who faces broad violations in prison including beating, dragging and harassment.  In this regard, the Democratic Transition and Human Rights Support Center DAAM issued a detailed statement concerning the torture, imprisonment and harassment against Solafa, in addition to the details of the security attempt to recruit the journalist to spy on her colleagues and civil society activists.

Solafa Magdy

The regime mocks itself: The accusation of political suspicion

Meanwhile, the Arabic Network for Human Rights said that there is a new sarcastic accusation against the hated citizen by the National Security Services in Egypt. It is the accusation of “political suspicion” through which the director and scriptwriter Mo’amin Hassan was illegally detained  for 7 days before being brought before the Public Prosecution which decided to imprison him for 4 days pending investigations.

The revolving doors in pretrial detention: Renewing the imprisonment for repression

The issued rulings in this regard, we could mention the following:

The Bar in Egypt: A human rights defender and victim of repression

After days from the celebration of police day, the extraordinary general assembly of the Bar Association in Matrouh continued its holding for the second day, in the presence of more than 150 lawyers, protesting against the attack of the head of the Matrouh Police Department and others on six lawyers while performing their duties in the department last Wednesday evening. They called the President of the Republic, the Minister of Interior and the Deputy The general public for intervening to defuse the crisis and transfer the warden to another job outside the Matrouh Governorate, due to his regular abuse of lawyers and citizens.

Last Saturday, three members of the General Assembly of the Bar Association submitted a report against the warden of the police station and a police investigating officer and one police secretary, accusing them of assaulting 6 lawyers with insults, slander and beating while they were doing their work in the police station. As a result, one lawyer was injured with a crack in his left shoulder and tendon lacerations. The Forensic Medicine Authority in Alexandria examined the lawyer, Hossam Nassef, the victim in order to prepare its report on his health condition within 48 hours for presentation to the Matrouh Prosecution, according to Mohamed Abdel Azim Karkab, a member of the Egyptian Lawyers Association and a number of lawyers in Matrouh governorate.

However, on the other hand, the Police insists on its acquittal while accusing lawyers of insulting the workers of the police station in Matrouh while they were evacuating it from people due to power cuts according to the implementation of the policies of security procedures. 

Tunisia

A parliamentary action?

The Parliamentary action is affected by tension inside the Assembly and it also moves as a response to what happens inside it concerning what excites the Tunisian public opinion. On the background of sentencing 2 young men for 30 years in prison due to smoking weed in a sporting club, on Tuesday, February 2nd, the Reform Bloc submitted a bill related to amending and reviewing  Law No.52 related to drugs. The bloc requested to urgently consider and present it to the Plenary session as soon as possible. The amendment stipulates the revocation of the provisions of Article 4 from the current law and replacing it with a new article that has a lightened punishment and doesn’t focus on deprivation of liberty.  This is considered positive. However, this matter isn’t fruitful as this issue is only highlighted after such hard judicial rulings and later on forgotten.

The Assembly’s bureau continues its work in conjunction with the rest  of state’s institutions and bodies such as the Administrative Court and Counter Terrorism Committee

The Assembly is in a state of turmoil and tension as the Free Constitutional party escalated its protests that took another form of using amplifiers and raising slogans denouncing violence against its leaders. On the other hand, Seif Al Din Makhlouf, the representative from the Dignity Coalition grabbed Abeer Mousi’s cell phone and insulted her with abusive words inside the Assembly. In addition, the bloc demanded the Assembly to take a stand against the recurrence of violence inside the Assembly. Moreover, it demanded withdrawing confidence from Rached Ghannouchi, the Speaker of the Assembly, and overthrowing the government of Hecham Mechichi. The bloc also decided to prevent the Assembly’s structures from practicing their work until taking a decision regarding violence. The Speaker of the Assembly denounced what happened and demanded appointing a judge to inspect the acts of the Free Constitutional bloc to disrupt the Assembly’s actions. The Democratic bloc expressed its solidarity with the Free Constitutional bloc as Samia Abbou said: “What is happening in the Assembly is a scandal and the demands of the Free Constitutional bloc must be dealt with positively.  And from our part we differentiate between political disagreements and assaults..”

Under this tension, a bill was ratified which is related to a loan contract between Tunisia and the German Credit Corporation for reconstruction in an amount of 100 million euros to finance the program of supporting reforms in the banking and financial sectors in the second phase was approved with the approval of 98 deputies. This approval was not followed by any public opinion, even if it hadn’t actually been a serious discussion.

The President of the Republic and the task of protecting the Constitution.

Previously, the Presidency of the Republic: confirmed that it received a suspicious envelope on Monday, January 25, 2021 carrying the name of the president of the Republic and lacking the sender’s name. The office manager for Tunisia’s president had opened this envelope and found it empty, however once she opened it, her health condition deteriorated as she felt faint and almost completely lost the sense of sight, in addition to a severe headache in her head. It should also be noted that one of the employees in the office of presidency was present when the accident occurred and felt the same symptoms, yet, to a lesser extent.  In addition, The Office Manager for Presidency went to the Military Hospital to make the necessary check ups and to find out the causes of sudden health deterioration.

The office of the presidency did not publish the news on the same day of the incident in order to avoid stirring up and confusing public opinion. However, this news was on the other hand circulating on social media, so clarification must be made. The Presidency of the Republic has assured the Tunisian people that the President of the Republic is in good health and has not suffered any harm.

The President moved on an unannounced visit to Habib Bourguiba Street and the headquarter of the Ministry of Interior in a symbolic attempt to impose his influence in the conflict with the second head of the Executive Authority, especially his insistence of not accepting the new ministers to do the oath in front of him as they are suspected in corruption cases.  During this visit, the President met Hecham El Mechichi, the Prime Minister and the current Acting Minister of Interior. 

During this visit, the President confirmed that he doesn’t accept the attempts to beat the security institution nor freedoms. Moreover, he confirmed the protection of security personnel by the prepared legislations that have not been passed. He added that “there are parties that want to infiltrate to direct a certain institution for certain purposes”.

The Prime Minister challenges the President.

Regarding the latest development of the Cabinet Reshuffle which obtained the confidence of the representatives of the Assembly, the Prime Minister Hecham Mechichi met the new ministers on Friday, January 29 of 2021 in the Cabinet’s palace in Kasbah. The Prime Minister congratulated the ministers and described this assignment as a difficult burden given the enormity of responsibility that awaits everyone. Hecham Mechichi repeated his thanks to the new ministers for accepting this responsibility.

In addition, he justified that the government is not involved in any disagreement with any party and its main goal is the health, social and economic situation and not to score political points.

He confirmed that the necessary will be done in order for the new ministers to start exercising their duties as soon as possible. In addition, he commented on the ruling of a 30 years sentence against two young men due to drug abuse and he considered it a hard sentence. And he said that the current legislation should be amended and alternative penalties should be approved.

Corruption, politicization and impunity

Transparency International released the corruption index in which Tunisia ranked 69 globally out of 180 countries. 

In another context,  I Watch organization denounced the seriousness of politicizing the National Anti-Corruption Authority (INLUCC),following the request of Prime Minister Hicham El MeChichi to provide him with documents and issues related to it.

 Following the course of the looted money, it is clear that Tunisia is going to waste its right through doing irresponsible and unconsidered actions. After exceeding the deadlines for receiving the looted money, a judgment was issued by the French judiciary yesterday refusing to hand over Belhassen Trabelsi for lack of the guarantees of fair trial and the  frameworks and standards related to human rights. (؟)

ranked 0 globally
out of 180 countries. 

The shadow of police state and human rights

One of the most significant violations of human rights this week is the multiple arrests of young protesters. The General Secretary of the Tunisian League for the Defense of Human Rights confirmed that what was recorded regarding violations and assaults against the arrested persons in the recent protests is very dangerous. 

He confirmed that security forces intended to storm in the houses of some young men due to their tweets on social media websites. The arrested persons were referred to the prosecution under the basis of old legal articles that weren’t used since the end of the last century.

Chants and demands continued for the release of the detainees during the last night protests and others who were arrested at different times without legal reason. The protests moved to Habib Bourguiba Street from Mohamed V Street in the capital on Saturday, January 30, 2021, to demand the release of the detainees. They raised slogans calling for overthrowing the regime, development, employment and national dignity In Palmarium, They were prevented from moving forward to January 4 square and the Ministry of Interior.

The march witnessed a state of stampede and some clashes between protesters and security forces.

After rigorous sentences against youth, protesters moved to Habib Bourguiba Street denouncing this ruling and demanding the amendment of the provisions of law no.52 However, in the meantime, the forms of youth protests provoked the reaction of the security unions and they started a strike protesting that. At the same time, dangerous statements issued from union security leaders which threatened protesters and described them with treachery. They used speeches based on religion and morality. This is considered a dangerous change by the return of the old security practices which formed the police and repressive regime.

On the other hand, Kasbah Square

witnessed the protests of unemployed doctors who are over the age of 45. On Monday, February 1st, 2021, they protested the state’s immediate mandate, denouncing law no.38 of 2020 related to exceptional provisions for assignment to public office.

Libya

During this week,the participants in the Libyan peace talks under the United Nations auspices, agreed on a list of candidates who are looking forward to lead a provisional government in the country. It is expected that this provisional government would pave the way for a national election in Libya at the end of this year, according to the statement of the United Nations. This provisional government shall supervise the preparations for elections which are hoped to put an end to a decade of chaos and conflict leaving Libya divided into two parts and hitting the country’s oil exports on which economy depends.

This week in Geneva’s talks, 75 participants would vote to choose three persons to be a member in the presidential council in addition to a Libyan prime minister. The 75 participants in the talks consist of regional and tribal figures, and representatives from political blocs. Voters would choose 3 members for the presidential council from 24 candidates, while 21 candidates ran for the position of the prime minister, according to a list issued by the United Nations.

Despite the progress in the talks under the United Nations auspices, many persons in Libya fear that running for these leadership positions would lead to renewing violence and threatening the ceasefire agreement ratified in October. The list of approved candidates includes the following: Aguila Saleh, the Speaker of the Parliament of Eastern Libya, Fathy Bash Agha, the Minister of Interior of the Government of National Accord, Salah Namorush, the Minister of Defense and Ahmed Maiteeq, the Deputy Prime Minister.

0 %
the Libyan Presidential Council failed to obtain

The candidates for the Libyan Presidential Council failed to obtain the required 70% in the first stage. It is noteworthy that the voting mechanism that was approved last month by the members of the Consultative Committee of the Libyan Political Dialogue, stipulated that each electoral college for the regions of Libya would separately choose the representative of the college in the Presidential Council depending on the principle of consensus which is 70%.

If this is not possible, lists shall be formed from all regions.Each list shall consist of 4 persons, who will specify the position for which they are running (President of the Presidency Council, member of Presidency Council, and Prime Minister). For the list to be presented for voting by the Plenary, it must receive 17 endorsements (8 from the West, 6 from the East and 3 from the South). The winning list shall be the one that receives 60% of the votes of the Plenary in the first round. If none of the lists receives this percentage, the two lists that receive the highest percentages shall compete in the second round. The winning list shall be the one that receives 50%+1 

The Libyan Political Dialogue Forum continues until February 5th to select all candidates for the Executive Authority from 45 names which the UN Mission announced their nominations for the positions of the Executive Authority that are decided to lead the transitional stage until the end of this year.

The negotiations, in which delegates from all sides are participating, continue until Friday, and they should appoint these figures out of a list of 45 candidates that the UN Mission to Libya revealed last Saturday. The United Nations said that the delegates shall vote “on the composition of the Presidency Council, which will consist of three members and a prime minister who is assisted by two deputies. This transitional council must reunify state institutions and ensure security until the elections.”

Under the current dialogue among the members of the Libyan Dialogue Committee in selecting a new Executive Authority, Libyan has a new fact in the Libyan political arena which is represented by the activist and Libyan business woman, Eman Al Koshr who is a candidate on the 21 list who would become the first woman to assume premiership in the country.

Mrs. Al Koshr is described as a business woman and an independent candidate from outside politics. She tries to compete with prominent figures for the position of a Prime Minister for a new government which is expected to be elected in the Political Dialogue Forum in Geneva On February 5th.

Al Koshr who was born in Zliten in 1986, studied political sciences  at the University of Jordan and trained in the Jordanian Parliament. In addition, she studied in the Jordanian Diplomatic Institute and had a diploma in Diplomacy and Dispute resolution. Al Koshr had stated that she ran for the Libyan Premiership in order to represent women and youth as she is the youngest in the list.
She declared that in case she is elected for the premiership, her priorities would be to unify Libyans including all conflicting parties, in addition to holding a referendum  on the constitution and supporting youth and minorities such as Berbers and Toubou. 

She is the only woman who ran as an independent for a leadership position in the new formation that the UN mission to Libya and members of the Forum for Political Dialogue seek to endorse. In addition, she is the youngest of the candidates among the candidates for all positions, and considers herself representing both groups of youth and women.

Eman Al Koshr

Militarily, a group of brigades in the Western Region and Nafusa Mountain which support the

Burkan Al-Ghadab forces of the Government of National Accord, announced their rejection of the government to be formed through the political dialogue forum under the United Nations auspices.

The brigades which called themselves “the Union of Western Region Force”, said in its statement “ we call for a clear and transparent road map for Libyans and a support for the elections’ project on the next December 24 at the Security Council. Thus, we reject any figures that don’t have consensus for the next stage. The Union blamed the United Nations for its responsibility for the conflicts in Libya because of the failure to choose consensus figures to solve the Libyan crisis. It called the President of the Presidency Council, Fayez Al Sarraj for communicating with all members of the Council and forming a government of national unity by consensus until the elections are held on time.The Union stated that their demands came after the meeting of the municipalities with the members of the House of Representatives and the State Council in Kabaw where it was agreed to unify the ranks of the western region of Batten AE Jabal and Nafusa Mountains.

The Western Region Force Union announced the unification of all armed brigades in the western region, the settlement of all previous disputes, the opening of all paths of education among cities, the fight against terrorism, crime, smuggling and illegal immigration, and the return of all the displaced persons to their homes in the western region.

The Union expressed its rejection of the “snake hunting operation” in the western region, which was announced by the Minister of Interior Fathi Bashagha, describing it as a fake operation for the sake of political interests. The Union called the Government of National Accord for joining all fighters and revolutionaries in the Burkan Al Ghadab in the military and security institutions in accordance with the applicable bylaws.

Humanly, 10 corpses are identified as they were recovered from a mass grave in Tarhunah. Media sources stated that the 10 corpses which are identified belong to 8 persons of “Jaballah’s family” who were abducted the members of Al Kaniat on December 21, 2019 and one of them who called “Tareq Jaballah” was killed in front of his shop in the city.

The Ministry of Justice in the Government of National Accord (GNA) called the families of the mass grave victims in Tarhunah to provide data regarding their relatives in order to identify them. The official facebook page of the Ministry shared the call The Committee Supervising Mass Graves In The City Of Tarhuna Affiliated With The Ministry Of Justice Called Upon the families of the missing persons who were unable to fill out medical information forms, body Marks, clothes and belongings of their missing persons during the period of the first presentation of the belongings and distinctive signs, to Review the headquarters of the Mass Graves Committee at the Forensic Medicine And Analysis Department, from 2 pm to 7 pm …all days of the week.The committee stated that it would facilitate identification by secondary methods and matching the information of their missing persons with the information on examination of the bodies attached to a personal photo or any medical papers or x-rays of the body and teeth.

With regard to the latest developments in the spread of the virus in Egypt, Tunisia and Libya :
Last update : 29/01/2021 - 15:00
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This post is also available in: Arabic

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