Political reform in Egypt

Civil Society: Restrictive Laws

Egyptian civil society organizations (CSOs) are subject to a multitude of repressive laws that severely limit their operative capacity and effectiveness in promoting a vibrant civil society in Egypt. In addition to the overarching emergency laws that allow the executive to virtually interfere in all aspects of socialization, NGO Law 84 of 2002 provides the Ministry of Social Affairs (MOSA) wide ranging powers in the creation, regulation, dissolution, and funding capacity of NGOs, which are all required to register under its auspices. Law 84 of 2002 bans NGOs from engaging in “political and union activities”. The vague character of the law allows the executive a free hand to interpret clauses as it wishes. Thus it may dissolve associations by administrative decree if they “undermine public order or morals” or if their activities are “inimical to the State or disrupt social harmony. Moreover, MOSA retains the right to approve nominees to NGOs' board of directors, a stipulation that effectively assures it control over the operations of NGOs. This repressive legal framework has led many NGOs to practice self-censorship and remain apolitical. Other NGOs chose to circumvent these stringent legal regulations by registering as civil companies, which are not subject to MOSA. Government repression has also affected professional syndicates. When the regime felt that it is losing its control of syndicates to the well-organized Muslim Brotherhood by an insignificant number of votes, it passed law 100 of 1993, which required a minimum voter turnout of 33%. With the exception of the latest Bar Syndicate elections held in March 2005, the Muslim Brothers had previously managed to dominate most of the professional syndicates due to the fact that secular opposition parties did not present a unified front—consequently secular votes were spread among multiple candidates. In the last elections, however, the tide has turned and the Muslim Brothers' slate lost 30% of its previous majority.

Civil Society: Barriers to Fundraising

To be able to operate effectively and attain their objectives NGOs must have sufficient funds. But, the NGO Law 84 of 2002 prohibits NGOs from fund-raising domestically without explicit government approval. This lack of financial autonomy leads many NGOs to accept assistance from MOSA, which solidifies MOSA’s control over the activities of NGOs.1 Given the fact that public philanthropy (outside religious prescriptions) is not widespread in Egypt, secular NGOs largely rely on foreign funding. Despite the fact that the Egyptian regime readily receives large amounts of foreign aid, it denies this right to CSOs. In fact, Law 84 forbids NGOs from receiving foreign funding without prior permission from the government— which in practice means that only governmental and regime-friendly NGOs enjoy foreign funding. In cases of violation, MOSA can liquidate the NGO and seize its assets. At present, NGOs such as ICDS that chose not to register with MOSA and accepted foreign aid are at the center of a government initiated propaganda campaign which brands them as traitors and western agents bent on undermining Egypt’s national integrity and its political sovereignty. Normally, such accusations tend to undermine the legitimacy and credibility of these NGOs and hence their effectiveness within society.
The furor in the press was picked up by the rubber-stamp parliament which is dominated by the regime's party. And despite the lack of the facts, members competed with each other to burnish their patriotic credentials via illogical attacks on ICDS. In the wave of escalation, some called for investigating the "suspect" recipients of the U.S grant, while others, not to be outdone called for summarily closure of ICDS and bringing its personnel to trial. The entire debate seemed closer to a vaudeville show than a reasoned deliberation of a responsible legislature.

Latest statistics from 1999 showed that up to 30% of Egyptian NGOs receive funding from MOSA.(Quandil)