Annual Report of The National Council for Human Rights

Chapter Two

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

First: National Framework for the Establishment of NCHR

• Summary of the evolution of human rights laws in Egypt .
• Human rights principles embodied in Egyptian legislation .

1- The Egyptian Constitution & Human Rights Principles .
2- International agreements under/ the Egyptian Legal system.
3- National Means of remedy .
4- National Mechanisms .

Second: Regional Framework for the Establishment of NCHR

• International changes and developments in the middle east and the importance of political reform in the area .

Third: International Framework for the Establishment of NCHR

• Paris Declaration of 1999.
• World Conference on Human Rights of 1999, Vienna.
• States, including Egypt , that have established national councils for human rights .

Egypt participated in preparing and drafting the Universal Declaration of Human Rights issued in 1948, which reflects a realization of the importance of this international instrument. This document has become the fulcrum from which international efforts sprang to establish an international legal system to protect human rights, which has become one of the main features of the current international order.

Without doubt, Egypt's national experience with its unique civilization combined with its esteemed religious values, its special features and international acceptance of its national character, have therefore imposed on Egypt important responsibilities on the international, regional and Arab levels. Egypt's effective participation in all aspects of international efforts to protect human dignity and promote the status of humanity is therefore inevitable.

The Egyptian legal system attaches special importance to human rights principles in Egypt, whether at the constitutional or legal level. It simultaneously provides national means for remedies to promote, protect and secure these rights and freedoms. Egypt has, moreover, endeavored to align itself with international efforts and developments to establish various national mechanisms dedicated to the protection of human rights. These focal points are detailed as follows:

• Human rights principles embodied in Egyptian legislation:

1- The Egyptian Constitution & Human Rights Principles:

The Constitution, as a document, enjoys a special status, and was at the forefront of national demands for many years, from which evolved the national struggle from the start of Egypt's modern era in 1805 up to the promulgation of the country's first Constitution in 1882, which was abolished as a result of the British occupation.
The national struggle continued until the independence Constitution was issued in 1923. Thereafter, a number of constitutions replaced one another in succession. The most important constitution came after the Revolution in 1952. It was then followed by the Constitution of the United Arab Republic in 1958, which came into force after the establishment of the union between Egypt and Syria. The State's permanent constitution was issued in 1971. This Constitution came into force after a public referendum on 11 September 1971 and was amended on 22 May 1980 to introduce the Shoura Council and the press.

At the time of drafting the Constitution, Egypt was among the signatory states (on 4 August 1967) of the International Covenant on Civil and Political Rights and of the International Covenant on Economic, Social and Cultural Rights, which were issued by the United Nations in 1966. Egypt was, in fact, a signatory of a number of international conventions on human rights existing and in force, such as the four Geneva Conventions for the Protection of War victims; the Convention on the Prevention and Punishment of the Crime of Genocide; the Convention relating to the Status of Refugees; the two Conventions concerning Forced or Compulsory Labour (1930, 1957); the Convention on Slavery and its supplementary conventions; the Convention for the Suppression of the Trafficking of Persons the Exploitation and Prostitution of Others; and the Convention on the Elimination of Racial Discrimination.

The instrument of proclamation of the permanent Egyptian Constitution articulated the fundamental directions and bases followed by the constitutional legislator in this field, and reaffirmed the immense importance of the principles of human rights and fundamental freedoms for all. The instrument provides that: "This Constitution establishes a faith that political and social development for all peoples can not be effected or achieved except with the freedom and free will of these peoples, and that no civilization deserves a name unless if free from any regimes of exploitation, irrespective of form or kind".

It further provides that:" convinced that the nation's national and international experiences have achieved an integration that may reach unity with the universality of the human struggle for liberation of the individual politically, economically, culturally and intellectually, and of the war against all powers and the residue of backwardness, domination and exploitation".

It also provides that :"recognizing that humanity and the glory of the human person is the light that guides and directs the course of the great progress of Mankind towards its ideal; that the dignity of the individual is a mirror image of the dignity of the nation since the individual is the cornerstone in building the nation; that with his worth, work and dignity is the stature, strength and prestige of the nation; and that the rule of law is not only a security required for the freedom of the individual, but also the only basis for the legitimacy of authority".

The content of the instrument of declaration of the permanent Constitution of Egypt reflects Egypt's national and stable vision throughout the annals of history, its respect for human dignity, the universality of human rights, and its assertion of the rule of law as the basis for the legitimacy of authority. At that time, this vision was in the forefront of the movement of history and, indeed, embraced all modern global developments in the international arena, in particular those relating to the principles of human rights and fundamental freedoms, as established and developed by international efforts when the permanent Egyptian Constitution came into force.

The incorporation of the principles of human rights and freedoms in the Egyptian Constitution has resulted in the enjoyment of these principles under the Egyptian legal system with the following legal effects:

1- The stability that is commonly enjoyed by constitutional provisions, represented by amendments or additions requiring that the necessary constitutional procedures be properly undertaken. These procedures are protracted, which, in itself, constitutes a security and inevitably leads to referral to the people for a referendum on the amendment (Article 189 of the Constitution).

2- These provisions, as constitutional ones, are at the top of the constitutional hierarchy and as a result shall be in a higher position than other legal provisions issued by the legislature. The legislature must undertake, in performance of its functions, to observe and act in accordance with such provisions in a manner that ensures that these provisions are not prejudiced, breached or modified by subordinate legal provisions.

3- These provisions enjoy constitutional, judicial protection through the Supreme Court, which is competent to determine the constitutionality of laws by rulings that are binding on all authorities.

4- The competence of the Supreme Constitutional Court to interpret constitutional provisions by the issuance of binding decisions ensures that the interpretation of constitutional provisions relating to human rights and freedoms is in line with regulating constitutional provisions according to the rules and procedures established in such regard.