20.On 1 June 2017, the High Commissioner for Human Rights addressed legislation adopted on 24 May 2017 (Law 70 of 2017 for Regulating the Work of Associations and Other Institutions Working in the Field of Civil Work),5noting that the work of non-governmental organisations has been severely hampered already through asset freezes, travel bans, smear campaigns and prosecutions, and he expressedserious concern that the new legislation imposes severe restrictions on civil society and impinges on the exercise of the rights to freedom of expression and freedom of association.This was addressed previously on 23November 2016 by three special procedures (A/HRC/34/75, EGY 14/2016). The Assistant Secretary-General for Human Rights sent a letter to the Government on 28 April 2017 where he addressed concerns about some provisions under the then draft law that would undermine civil society’s ability to engage freely with the United Nations, including provisions that would require them to seek Government permission before working with international organizations or experts, and that would defer administration of such international engagement to the Government.

The 2017 (A/HRC/36/31, para. 32 and Annex I, para. 33) and 2018 (A/HRC/39/41, Annex I, paras. 19, 22) reports of the Secretary-General addressed legislation adopted on 24 May 2017 (Law 70 of 2017 for Regulating the Work of Associations and Other Institutions Working in the Field of Civil Work). The former High Commissioner for Human Rights noted the crucial function of NGOs in Egypt had been “severely hampered already through asset freezes, travel bans, smear campaigns and prosecutions.” He noted the new law further restricted space for human rights work by NGOs, including closer scrutiny of acquiring foreign funding 134 (see also EGY 14/2016). Previously, in September 2017, the Assistant Secretary-General expressed concern that some provisions under the law could undermine civil society’s ability to engage freely with the UN, including provisions that would require them to seek Government permission before working with international organizations or experts. 49. In November 2018, it was reported that the Government was considering revisions to Law 70/2017. Discussions have reportedly taken place in 2019 for a new draft law for submission to the House of Representatives for consideration. The draft was not made public or subjected to scrutiny. In the meantime, the existing law and its application reportedly remain a threat to NGOs’ ability to fully function, with many organizations allegedly declining to submit information to UN human rights mechanisms or otherwise self-censoring to prevent prosecution and intimidation. Many organizations have reported an inability to access foreign funding as an impediment to participating in international advocacy as well as related obstacles to research and travel. These circumstances have affected many civil society organization’s preparations for Egypt’s UPR review in November 2019. Reprisals for engagement in Egypt’s UPR in 2014 were addressed in the 2014 report of the Secretary-General (A/HRC/27/38, para. 23; EGY 19/2013).

Egyptian legislation impacting individual and civil society groups’ ability to cooperate with the UN was addressed by multiple UN actors and included in the 2017 (A/HRC/36/31, para. 32 and Annex I, para. 33), 2018 (A/HRC/39/41, Annex I, paras. 19, 22) and 2019 (A/HRC/42/30, Annex II, paras. 48–50) reports of the Secretary-General. The subsequent passing of a new law in August 2019 (Law 149/2019 on Regulating Activities of Nongovernmental Organizations) similarly restricts foreign funding and cooperation with foreign entities (articles 14, 19, 27, and 48) and continues to raise concerns with regard to international participation. 51. It was further reported that as a consequence of the new NGO Law 149/2019 requiring Ministerial approval for organizations to “join, affiliate, participate, cooperate and engage with foreign organizations in activities” (art.19), some independent civil society organizations based in Egypt exercised self-censorship and decided not to travel to Geneva to engage in the 2019 UPR process for fear of reprisals. In advance of the UPR of Egypt in October 2019 the Assistant Secretary-General for Human Rights addressed concerns in writing to the Government (see also Annex I). 52. On 28 February 2020, special procedures mandate holders raised concern that Law 149/2019 “employ[s] similar language to restrict the funding of and action by NGOs in the interest of national security” and that in tandem with other laws limiting internet access, regulating internet content and censoring the media, it “restricts the rights of human rights defenders and those voicing dissent” and “constitutes a disproportionate interference” (EGY 4/2020). On 8 April 2020 the Government noted that the amendments to the law were under consideration. 39 53. On 9 April 2020, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism expressed concern about “legislative changes covering anti-terrorism, protests, association and NGOs” which “include extending the definition of ‘terrorist entity’ and applying new measures against individuals, businesses, media outlets, and trade unions and provide for life sentences and capital punishment for funding terrorism.” She noted that journalists, human rights defenders, opposition parties and public-sector workers are also threatened 40 (see also A/HRC/42/30, Annex II, para. 47).

51. On 11 January 2021, the implementing regulations of NGO Law 149/2019 (see A/HRC/45/36, Annex II para. 51–53) were published in the official gazette following their adoption (Prime Ministerial Decree 104 of 2021). The regulations reportedly further restrict the work of national and international civil society organizations and associations by defining a narrow role for them, significantly constraining their activities, and granting the authorities wide-ranging monitoring power and broad discretion to regulate and dissolve them. This includes civil society’s engagement with foreign entities such as the UN, for which prior authorization by the Ministry of Interior is required. Relatedly, a number of organizations mentioned in previous reports of the Secretary-General remain under travel ban (see A/HRC/42/30, Annex II, para. 50).
52. In two joint statement at the March 2021 session of the Human Rights Council, while expressing concerns over restrictions to civil society, 26 and 31 Member States (see Annex I), respectively recognized that the new NGO Law establishes a new legal framework more favourable for the operation of civil society organizations, and underlined that it is “crucial that the positive step of adopting the 2019 NGO law and recently its bylaws is urgently implemented in a way that guarantees civil society to work freely and ensures full respect for rights and freedoms stipulated in Egypt’s constitution and under international law”.160 During the reporting period, special procedures mandate holders and the Spokesperson of the High Commissioner for Human Rights addressed the use of NGO law as well as counter-terrorism legislation and practices to target human rights defenders more broadly (see also Annex I).161 Several civil society organizations raising human rights issues at UN fora, including at the Human Rights Council and in side events on its margins, have been targeted in the media and labelled as “terrorist organizations” (see EGY 6/2019).

73. Multiple UN actors have addressed the impact of Egyptian legislation on the ability of individuals and civil society groups to cooperate with the United Nations. This has been included in the report of the Secretary-General since 2017.97 On January 2021, the implementing regulations of NGO Law 149/201998 were adopted (Prime Ministerial Decree 104 of 2021). Under the Law, civil society actors’ engagement with foreign entities such as the United Nations, requires prior authorization by the Ministry of Interior. On 9 July 2021 (EGY 6/2021), special procedures mandate holders raised concerns about the apparent negative impact on civic space and NGOs of NGO Law 149/2019 and its 2021 regulations. Allegedly, the Law and its by-law limit NGOs’ ability to receive and use foreign funding and their areas of work. It also grants the Government discretionary power to deny NGOs registration and without a time limit. According to information received by OHCHR, in January 2022, Egypt’s cabinet agreed to postpone the deadline for NGO registration under the NGO Law and reportedly, the deadline was then again officially extended.