Annual Report of The National Council for Human Rights

Chapter One - Cont.

Egypt's role in the Establishment of International and Regional
Legitimacy of Human Rights Principles

(10) Protocol relating to Amendments to the Convention of the Status of Refugees, 1966.

Egypt adopted the Protocol on 28 June 1980 according to Presidential Decree no. 333 of 1980. The Protocol was published in the Egyptian Official Gazette, Issue 45, of 5 November 1981, and was implemented as of 22 May 1981.

(11) Convention on the Political Rights of Women, 1953.

Egypt adopted the Convention according to Presidential Decree no. 345 of 17 June 1981. The Convention was published in the Egyptian Official Gazette, Issue 49, of 3 December 1981.

(12) Convention on the Elimination of all Forms of Discrimination against Women, 1979.

Egypt adopted the Convention according to Presidential Decree no. 434 of 1981, and ratified the Convention on 18 September 1981, with the following reservations:

a- The text of Paragraph (2) of Article (9) which grants women equal rights with men with respect to the nationality of their children. Egypt holds that this must be without prejudice to the right of a child born within wedlock to acquire the nationality of his father. This is to avoid a child having two nationalities in case the parents are of different nationalities, so as not to prejudice his future, as the enjoyment by a child of the nationality of his father is the most beneficial situation for the child. This does not prejudice the principle of equality between women and men, as it is customary that a woman married to an alien accepts that the children derive their nationality from the father.

b- The text of Article (16) which grants women equal rights with men in all matters relating to marriage, family relations during marriage and at its dissolution. Egypt holds that this is subject to the rights granted by Islamic Sharia to the wife corresponding to those granted to the husband, and which provide for fair equality between them. This is in observance of the sanctity of the marriage relationship in Egypt, which is derived from solid religious faith, which may not be infringed upon.
Moreover, among the most important foundations of this relation is the equality of the rights and responsibilities in a manner that achieves integration, which in return brings about real equality between spouses instead of superficial aspects of equality that do not generate benefits to the wife from the marriage but rather add to her burdens. The Islamic Sharia stipulates that the husband pay an appropriate dowery, fully support his wife financially, and pay alimony upon divorce. The wife retains her full rights in respect of her money and is not obliged to spend it on herself. In return, the Islamic Shari'a imposes a restriction on the right of the wife to divorce, by requiring that divorce be effected by rule of law, whereas the same restriction is not imposed on the husband.

c- Paragraph (2) of Article 29 provides that each state party may declare that it does not consider itself bound by paragraph (I) of this article, concerning the submittal of any dispute between the state parties on the interpretation or application of the Convention to arbitration. This is to avoid being bound to arbitration in such issues.

d- With general reservation on Article (2). Egypt is willing to enforce the provisions of the paragraphs of this article provided that they do not conflict with the Islamic Sharia.
The Convention was published in the Egyptian Official Gazette, Issue no. 51, of 17 December 1981, and was implemented as of 18 October 1981.

(13) International Covenant on Civil and Political Rights, 1966.

Egypt signed the Convention on 4 August 1967 and adopted it according to Presidential Decree no. 536 of 1981. It was published in the Egyptian Official Gazette, Issue no. 15, of 15 April 1982, and was implemented as of 14 April 1982. Upon adoption, Egypt issued the following declaration: "Subject to, and in conformity, with Islamic Shari'a".

(14) International Covenant on Economic, Social and Cultural Rights, 1966.

Egypt signed the Convention on 4 August 1967 and adopted it according to Presidential Decree no. 537 of 1981. It was published in the Egyptian Official Gazette, Issue no. 14, of 8 April 1982, and was implemented as of 14 April 1982. Upon adoption, Egypt issued the following declaration: "Subject to, and in conformity, with Islamic Shari'a".

(15) Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, 1948.

Egypt adopted the Convention according to Presidential Decree no. 154 of 6 April 1986. It was published in the Egyptian Official Gazette, Issue no. 1, of 7 January 1988, and was implemented as of 25 July 1986.

(16) Convention on the Rights of the Child, 1989.

Egypt adopted the Convention according to Presidential Decree no. 260 of 1990 of 24 May 1990. It was published in the Egyptian Official Gazette, Issue no. 7, of 14 February 1991, and was implemented as of 2 September 1991.

(17) International Convention against Apartheid in Sports, 1985.

Egypt adopted the Convention according to Presidential Decree no. 562 of 1990 on 23 December 1990. It was published in the Egyptian Official Gazette, issue no. 24, of 17 June 1991, and entered into force as of 2 May 1991.

(18) International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, 1990.

Egypt adopted the Convention according to Presidential Decree no. 446 of 1991. It was published in the Egyptian Official Gazette, Issue no. 31, of 5 August 1993, and was implemented as of 1 June 1993. Egypt had the following reservations:

a- The text of Article (4) which provides:
"For the purpose of the present Convention the term ''members of the family" refers to persons married to migrant workers or having with them a relationship that, according to applicable law, produces effects equivalent to marriage, as well as their dependent children and other dependent persons who are recognized as members of the family by applicable legislation or applicable bilateral or multilateral agreements between the States concerned."

b- The text of paragraph (6) of Article (18) states:
"When a migrant worker or a member of his or her family has, by a final verdict, been convicted of a criminal offence and when subsequently his or her conviction has been reversed or he or she has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to that person."

(19) International Labour Organization's Convention No. 138 of 1973 concerning Minimum Age for Admission to Employment.

Egypt adopted the Convention according to Presidential Decree no. 67 of 1999, issued on 21 February 1999. The Convention was published in the Egyptian Official Gazette, Issue no. 35, of 2 September 1999, and was implemented as of 9 June 2000.

(20) International Labour Organizations Convention No. 182 of 1999 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.

Egypt adopted the Convention according to Presidential Decree no. 69 of 2002 issued on 23 March 2002. It was published in the Egyptian Official Gazette, Issue no. 30, of 25 July 2002.

(21) Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography, 2000.

Egypt adopted the Protocol according to Presidential Decree no. 104 of 2002, which was issued on 13 May 2002. Egypt deposited the ratification documents on 12 July 2002. Publishing procedures are in progress.

(22) Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts, 2000.

Egypt adopted the Protocol according to Presidential Decree no. 105 of 2002, which was issued on 13 May 2002. Constitutional procedures are in progress to finalize ratification.

(23) Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime.

Egypt adopted the Protocol according to Presidential Decree no. 295 of 2003, issued on 4 November 2003. It was published in the Egyptian Official Gazette, Issue no. 37, of 9 September 2004, and was implemented as of 4 April 2004.
Egypt's reservations mentioned above conform to the Islamic Sharia, in application of Article 2 of the Egyptian Constitution, which provides that the Islamic Sharia is the main source of legislation.