ERIN E.

SALOKAS
347-266-8333
[email protected]

Conflict Resolution and Human Rights Promotion in Egypt

Context

Over the course of the past two and a half years, Egypt has undergone major political and
societal changes that continue to pose fundamental questions about Egypt’s principles and future
as a country. Hosni Mubarak’s ancien regime (referred to in Arabic as the faloul), opposition
parties including youth organizations such as the April 14th Group, the Muslim Brotherhood and
the military have been negotiating in a strategic attempt to secure their interests in the future
political paradigm. The country following the initial revolution or “Arab Spring” in January
through February of 2011 was under the control the Egyptian military, or more precisely the
Supreme Council of the Armed Forces (SCAF). The police and military are alleged to violate
human rights as a rule; torture and illegal detention are not new, and function independent of the
civil government, with a sort of carte blanche through state of emergency law. This seeming
omnipotence with impunity that has and continues to characterize the military is a main feature
in current human rights violation accusations.

Following the 18-month SCAF rule, democratic elections and a nation-wide referendum
produced a president, parliament, and constitution. Yet the diminished role of the security forces
did not eliminate human rights violations, nor did the elected government make efforts to
eradicate them either. The now ousted President Mohamed Morsi, the candidate from the
Freedom & Justice Party (the political party of the Muslim Brotherhood) was criticized both for
failing to target human rights violations, and also for serving as another source of human rights
limitations. As a result of these and other deficiencies, a campaign to impeach President Morsi
(called tamorod, or rebel) was born, and reportedly millions of signatures were collected to
petition the presidency. The movement culminated in a mass demonstration in the symbolic
Tahrir Square on June 30th, 2013, the one-year anniversary of President Morsi’s election. Four
days later, the military forces intervened and essentially forced President Morsi to step down
from office, and dissolved the government.

This report does not comment on the legality of the ousting (sometimes referred to as a
veritable coup), or on the responsibility of the army to carry out the will of a portion of the
Egyptian people. Yet the events of the summer of 2013 highlight a major human rights issue that
holds potentially major repercussions on Egyptian society: the right for the members who
support the President to voice their dissent. Throughout the months following June 2013, there
have been weekly protests, every Friday following afternoon communal prayers, both for and
against the president. The anti-military group is made up of members of the Muslim
Brotherhood, but also citizens that believe that Morsi’s presidency is legitimate and need be
upheld in accordance with the principles of democracy. August 14th 2013 marked the pivotal
day when Egyptian security forces decidedly cleared out the Rabaa al-Adawiya Square in eastern
Cairo and Nahda Square near the Cairo Zoo. This was a decision carried out in the argument of
protecting national security and public interest, and “fighting terrorism”; the results would
suggest otherwise. The dispersal of protesters ended in the deaths of hundreds of protestors, and
some security force personnel as well. Since then, the country has been staunchly divided, with
one side, although not entirely without error, often being forced out of the public sphere and into
silence.

Major Human Rights Concerns

The freedom to assemble and the right to free speech are among other human rights
violations on this single day alone. Accusations describe military forces shooting, clubbing,
throwing stones and dispensing tear gas at protestors, while the official military responded that
the protestors were armed and struck first. The facts of the stories are difficult to verify,
especially given the blatant bias on the media, in conjunction with cutting transmission of
television networks run by the Muslim Brotherhood and their sympathizers, and even those who
would oppose the military involvement, like Al-Jazeera Mubashar; these stations continue to be
off-air to date). Human rights violations in Egypt are especially dangerous, as they are
institutional, perpetrated by governments actors and security forces.

Along with the mentioned human rights violations, the following issues are those that
generally dominate literature on Egypt today, although there are many others as well. Some
mentioned in the Human Rights Watch World Report 2013 on Egypt, in Amnesty International’s
2013 Annual Report on Egypt (both published before the July 3rd ousting and August 14th protest
dispersal), and others in various media sources and specific case reports.

— Excessive use of force on protestors

— Use of torture on detained civilians and unfair trials
— Discrimination, public rape and harassment of women
— Freedom of Expression, freedom to assemble, media control and censorship

Human rights organizations have been active in reporting violations, yet progress seems
to be non-existent. This is perhaps in part due to the overwhelming power the Egyptian military
has held historically, and the (lack of) political will by their governmental counterparts.
Additionally, the pressure of the international community that typically has a sizable impact on a
state’s political will to respond to human rights complaints is weakened, as strategic political
implications greatly affect Egypt’s international standing. Egypt’s geographic proximity to
Israel, thereby its relationship with the United States (a major benefactor to Egypt, especially in
military aid), the Muslim Brotherhood’s geopolitical role, and other international factors all
create a precarious situation in which the status of human rights is perhaps overshadowed. Yet
the violence and disregard for human rights do not go unfelt by the people. Indeed, the ongoing
unrest and protests in Egypt are largely is response to what was seen as an illegitimate and illegal
usurpation of power by the military, and an excessively violent retaliation inflicted on those who
voiced dissent. In September of 2013, the Muslim Brotherhood was categorically banned from
politics, many of their members, both high and low, were imprisoned and tried under dubious
military trials, and all of the organizations financial assets were frozen. Stories circulated of
protestors, not necessarily Muslim Brotherhood members, who were detained at length without
benign charged of any crime, but rather deemed guilty by association. This is in addition to the
numerous claims of mistreatment and brutality while in detention, some of which were made by
non-Egyptians, some who were detained for breaking the several month-long curfew.

Women’s rights violations are an extremely important issue in Egyptian society. Even
from the time of the January 25th 2011 revolution, women were systematically harassed and
grabbed while protesting; some victims were female reporters and others were even raped in
public. The status of women in Egypt is abhorrent, but is at least an issue that is in national
dialogue, even if progress lies only at a legislative level. Recently, Egypt was awarded to be the
worst Arab country to be woman by the Thomson-Reuters Foundation survey. This is with
competitors such as Yemen and Saudi Arabia, which have historically bad reputations in regards
to human rights and especially women’s equality. The 2012 constitution under President Morsi
refrained from specifically stating that it was unconstitutional to discriminate based on gender, a
measure that is typically included explicitly in constitutions as it is pervasive throughout the
world. Remedying this article and this travesty on the whole has been a major topic of
discussion in Egyptian media, and prompted movements such as Harassmap1 that gives women
an outlet to report their sexual harassment experience, and have it mapped to expose the exact
locations of such incidents and also demonstrate how ubiquitous the behavior is. There was also
an internationally successful film “678” that shed light on sexual harassment in Egypt for women
of all different social classes. Even worse, male onlookers do not attempt to stop harassment
when they see it, and often the police are the ones who are responsible for the harassment. It is
apparently seen as inappropriate to step in, as the women themselves are seen as shameful for
being the victim of harassment, even if it is verbal not physical. It has been suggested that the
newest constitution will reflect the adamancy of this issue, and make discrimination explicitly
illegal. This is an institutional approach to bettering the situation for women, however, more
important in the struggle for women’s rights will likely be the work of civil society and more
grass roots campaigns such as the ones that have been mentioned. There are also organizations
working to end the cruel act of female genital mutilation currently operating in Egypt. Related to
women’s rights issues and other “vulnerable” target groups are the NGO laws in Egypt, which
have been problematic. NGOs are often seen by governments as foreign tools of manipulating
Egyptian minds and societies, and many international NGO workers were put on trial under
President Morsi. Once legislation and protections have been reconfigured for NGO status, there

1
The organization’s website can be found at: http://harassmap.org/en/
is hope that this crucial element of civil society will help progress women’s status, along with
children and other potential victims.

Some Egyptians have recently commented that the general malaise and fear to discuss
anything political for fear of secret police surveillance has resurfaced; it was a predominant
notion during the times under the Mubarak administration, especially in its last 10 years.
However from the onset of the Egyptian Revolution on January 25th 2011, an unprecedented
level of freedom of speech was reached, and many Egyptians were presented with the concept of
their entitlement to inviolable human rights to which they were empowered to demand. In 2011,
a popular satirical television show, Al-Bernameg (The Program) with Bassem Youssef, was
broadcasted and spared no one in its comedic criticism. Yet with time, President Morsi had the
show targeted for prosecution under accusations of slander and libel; the case was eventually
dismissed by the court. Just in the past few weeks, under military rule, the television show was
“suspended” due to alleged contractual infringement, although it is rather apparent that it was a
result of the content of the episode prior to its cancellation, which exposed and criticized the
media’s bias in practically deifying the head of the army, General Al-Sisi. There is currently an
anti-terrorism law under review that would allow the state to monitor any civilian
correspondence if based on the grounds that it is linked to terrorism, a determination left to the
discretion of the government without oversight. These examples is in addition to the myriad
television networks that were shut down in July 2013, as mentioned earlier, and again, the most
blatant silencing of dissention was the military’s response to anti-military mass-demonstrations.
During the state of emergency period that was scheduled to end in September, but was prolonged
due to an assassination attempt on the minister of defense and so ended only weeks ago, a law
was decreed that sit-ins would be outlawed entirely, and that any organized public assembly had
to obtain prior authorization. The most recent constitutional draft seeks to lessen these measures,
and will maintain that they should instead require that public assemblies give 5-day prior notice
to government officials. Yet it remains clear that since the 2011 revolution, the people have
found solace and empowerment through public demonstration, and it appears to be a viable
method of changing regimes in the country. The government recognizes this, and has therefore
taken measures to limit the public’s ability to voice its opinion and risk mobilizing the public,
whether it is through media outlets or on the streets, and has sought to distance the people even
further from what was supposed to be a revolutionary transition into participative democracy. It
is becoming clear that freedom of expression and the right to assemble is an indispensable
human right that demands attention and rectification, especially at a time when ruling elites seem
to want form the country devoid of the voices of the people.
A Path to Reconciliation

The wake of the Arab Spring has not been stable or harmonious. Tunisia continues to
struggle with democratic principles under a relatively conservative Islamist-majority
government. Egypt is in a political and social tailspin, and Syria is witnessing an international
humanitarian crisis with no end in sight. Bahrain, however, serves as an interesting example,
where although the current situation is not entirely copacetic, major steps were taken by the
government (a constitutional monarchy) and moderate opposition parties alike. During the Arab
Spring uprisings, Bahrain experienced a period of mass demonstrations that quickly prompted
military and GCC (Gulf Cooperation Council) intervention, resulting in civilian deaths and
accusations of human rights violations that resemble those that continue to occur in Egypt. The
pinnacle instrument to achieve conflict resolution and address human rights guarantees is the
seminal Bahrain Independent Commission of Inquiry, also known as the BICI or the Bassiouni
Report, named after its lead chairman M. Charif Bassiouni. Following the events of February
and March 2011, there was a royal decree that announced the formation of the commission in
order to “decisively investigate the events that had occurred… and to make recommendations”2
to ensure the events would not happen again. To ensure the impartiality of the committee, it was
made up of “international human rights and humanitarian experts, with no connection to
Bahrain”3 as well as “politicians, thinkers, legal experts and dignitaries.”4 Bahraini members of
the committee also included government ministers, representative and appointed
parliamentarians, and experts from various backgrounds including economics, business,
women’s rights, engineering, media, social services and the judiciary. The independent nature of
the committee is a large part of its success, aside from its actual findings, and was intended to
inspire “Bahrainis of all political persuasions and the entire world…in the hope that uncovering
the facts behind the events, and to set out a path for reform, would help to bring about a
resolution to Bahrain’s period of crisis.”5

The BICI was internationally acclaimed by other state actors as well as human rights
organizations, both in its effectiveness in thoroughly investigating a reporting facts about crimes
and misgivings on both the government and opposition sides, but also in the subsequent
recommendations to pursue compensation, punitive measures, a general sense of closure and a
point of departure for future progress. The investigations served as the basis for making
recommendations. For example, police brutality was confirmed by the committee, and thus
police training programs were implemented with a focus on preserving human rights. Similarly,
inhumane treatment of detained protesters was proven, as a result all police and detention
facilities were required to install surveillance cameras. A profound recommendation was also
made regarding primary and secondary education reforms that enacted a curriculum that included
2
Pg. 6. All quotes are directly from the BICI Report, published on 23 November, 2011, and is available online at:
http://www.bici.org.bh/BICIreportEN.pdf
3
Ibid
4
Ibid, 7
5
Ibid, 6
emphasis on co-existence and human rights, and also a center for human rights was established at
Bahrain University. The BICI report had thoughtful insight as well, remarking that “while some
recommendations necessitated specific and clear procedures which can be implemented directly
by administrative or legislative measures, or by the judicial authority, other recommendations
dictated structural changes in the institution concerned, or the building of capacities and
competencies through training or rehabilitation. There are also recommendations which require
changes in cultures and the development of the programs and strategies, and would take some
time before their effects are actually felt.6

In addition to proposing specific recommendations, the BICI also made an essential

recommendation, number 1715, that stipulates “to establish an independent and impartial
national commission consisting of personalities of high standing representing both the
Government of Bahrain, opposition political parties and civil society to follow up and implement
the recommendations of this Commission.”7 This was undertaken by the government, and
subgroups were then formed that had weekly meetings and discussed how to realize the
suggestions in the BICI Report. In addition, a national dialogue was established in order to give
voice to opposition groups outside the official Bassiouni Report. While there have been
shortcomings in the national dialogue, its symbolic presence is of extreme import, an creates a
venue for those more moderate opposition groups to voice their opinion for political reforms, and
not simply calling for the dissolution of the monarchy.

Recommendation: Egyptian Independent Commission of Inquiry

In the view of this report, an independent commission of inquiry could accomplish much
in the Egyptian context, both in the material successes of reform and symbolically in that it
demonstrates the state’s desire for justice, transparency and accountability, all of which are
necessary to address and eradicate human rights violations. The potential power of an
independent inquiry is surmised from similar problems facing both countries: Egypt’s Christian
minority is similar to the Shi’a minority in Bahrain; the despotic rule of Hosni Mubarak,
Mohamed Morsi, and then later the military, reflects the political elite tied to the monarch in
Bahrain; the two extremes of pro-Morsi and pro-military, and the more moderate positions in
between, are reminiscent of the divisions of society in Bahrain that are pro or anti-monarchy; the
demonstrations in Egypt were quelled in the same way they were in Bahrain, both resulting in
deaths, cases of excessive force and illegal detention and trials, all with impunity; the media
coverage of events in Egypt largely vilified any bloc associated with supporting President Morsi
or denouncing the military intervention, labeling any participant as a terrorist, as the state media
in Bahrain implicated the opposition were essentially cells of the greater Iranian/Shi’a project
that had no regard for the interests of Bahrain; among other similarities that render a BICI

6
Ibid, 7-8
7
Ibid, 16
modeled tool possibly extremely effective in Egypt that is so plagued with bipartisanship and
suspicion.

There have been efforts on a much smaller scale to investigate isolated incidents such as
the fateful Ahly vs. Masri football match on February 1st, 2012 in Port Sayeed that resulted in
many deaths. However the findings of the report were wholly unsatisfying; they sought to
expunge any responsibility on the part of the military and local government, and proceeded to
make numerous convictions, 21 of whom were civilians sentenced to execution. It need be
mentioned as well that the commission of inquiry was formulated by the appointed parliament,
the majlis al-shura, and therefore not independent. Similarly, following the Rabaa al-Adawiya
protest dispersal, Amnesty International called for authorities to commit to an investigation,
although it has yet to happen, only vague discussion about appointing a committee has emerged.
Yet a BICI model would be much more effective, as it would be a comprehensive investigation
of all of the events that took place at least starting on June 30th, but perhaps even going back to
events during the initial revolution of 2011, where deadly clashes with the military took place.
For example, protestors demonstrating outside the media headquarters of Egyptian State
Television, the Maespero Building, were confronted with security forces and many lost their
lives. Also, the series of “Mohamed Mahmoud” incidents, the street that leads to the entrance of
the Ministry of the Interior, where in 2011 and again on the anniversary in 2012, security forces
systematically used violent force to disperse protestors. Apart from these sporadic and generally
ineffective investigations, little is being done about these violations. The modus operendi of
international human rights organizations to report and expose violations has been equally
unsuccessful, and leaves wanting for a method to reconcile opposing sides and give recompense
for acts already inflicted. Egypt is undergoing existential changes every day that determine the
make-up of the emerging democracy. Egypt’s political situation is in such disarray and essential
resources are not being provided to its citizens, so what are sometimes deemed lofty ideals of
human rights are not always at the forefront of national dialogue; affordable commodities such as
bread, gas, electricity and other necessities are still not guaranteed to a large portion of society.
With that being said, the future of Egypt is tenuous without the essentials of human rights in
place. An investigative commission would express to Egyptians that the lives lost were not in
vain, and that their best interests are the main concern of the country and government formation;
at present, this couldn’t seem farther from the truth.

The country has endured years of these types of violent clashes, and the military that
was once to blame for these atrocities is now in power. At the same time, President Morsi’s
administration was not free from blame in the slightest, and the constitution passed after Morsi’s
election in December 2012 institutionalized legal bases for human rights violations. As was
mentioned before regarding discrimination, there was no specific prohibition of discrimination
based on gender as had been the case in the previous document. In terms of freedom of religion
in article 43, it is implicitly understood that as the constitution is guided by Sharia Law, only
those who followed the Abrahamic traditions (Islam, Christianity and Judiasm) were protected,
whereas those of other religions such as the sizable Bahai community and those without religion
entirely are not protected under the constitution. Freedom of expression along with many other
issues prompted major unrest within Egypt, which explains the eventual call for his resignation
en masse. These examples serve more to suggest that this recommendation is not interested in
assigning blame in uneven measure, and not to indulge rumors or conspiracy theories. An
independent commission of inquiry that can penetrate the most minor accusations and claims to
the most significant atrocities that target the highest political and military figures can provide a
therapeutic conclusion on a national level, and prepare the road forward in a sincere and
promising trajectory.

Having discussed the possible severity of the findings of such a commission, the biggest
obstacle for obtaining the consent and initiative of the government to organize such an
investigation is the political will. Yet it is this very element that those in power need to
demonstrate; to acknowledge mistakes, show a vested interest in enforcing punitive measures for
wrongdoings, and providing closure for victims and citizens who were indirectly affected. The
interim government needs to formulate an Egyptian Independent Commission of Inquiry
immediately. It would perhaps behoove them as well to delay the upcoming constitutional
referendum, parliamentary and presidential elections until the findings of the investigation are
presented in order to maximize the prospect of an ethical and truly democratic state-building
process, one that could serve for other countries that suffer from similar problems. Indeed,
Egypt has an advantage over Bahrain in this regard, as there is no monarchy to dethrone, and the
country, in rhetoric at least, is a blank slate for building foundations for a strong democracy that
will not fall victim to institutionalized corruption and interchangeable leaders.

As was the case in Bahrain, a committee should be formed consisting of members from
all political and social persuasions in Egypt, along with impartial international actors. Members
from the appointed and elected parliament should be included, as should figures from all popular
movements, and representatives of the Muslim Brotherhood need be included in the process as
well. The model that assumes that the government dictates to the people has lead the country
into despotism and makes the people feel as though they do not deserve their human rights, or
that ambiguous notions of national security take precedence over them, which is perhaps the
case. It is the unfortunate truth that without the political will of the Egyptian government, human
rights violations will persist,

As we have seen, various human rights issues are found in Egypt, and their political and
social situation is such that analyzing and proposing suggestions becomes very difficult. If the
country moves on with its democratic process without addressing these issues, a precedent of
acceptability of disregard for human rights will be perpetuated. Human rights are not an
afterthought, but rather the foundational substance to creating a strong and successful country.
While no human right is more important than another per se, guaranteeing the freedom of speech
and assembly, and allowing for dissent to be voiced will hopefully lead to discussion of other
human rights as well. When media outlets and peaceful protest are not only permitted to be
heard, but also are responded to thoughtfully and taken into consideration, only then will Egypt
be on a genuine path to a successful democratic nation. With the establishment of an Egyptian
Independent Commission of Inquiry, several human rights issues can be brought to the forefront
for discussion and remedy, and will in itself serve as a significant form of freedom of expression
that will allow citizens to move on and look forward to the future.

Works consulted

All works consulted for this report are mentioned in text, including:

Human Rights Watch World Report of 2013, accessed on the internet at

http://www.hrw.org/world-report/2013/country-chapters/egypt?page=1

Amesnty International’s Annual Report on Egypt, 2013, accessed on the internet at

http://www.amnesty.org/en/region/egypt/report-2013

The Bahrain Independent Commission of Inquiry, PDF accessed on the internet at

http://www.bici.org.bh/BICIreportEN.pdf